
Gass. 
Book- 






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STATE OF NEW YORK 

Department of public llnatructton 



THE 

Consolidated School Law 

1902 



FORTY-EIGHTH ANNUAL REPORT— APPENDIX J 



ALBANY 

J. B. LYON COMPANY, STATE PRINTERS 

t902 



/ 

THE CONSOLIDATED SCHOOL LAW 



State of New York / 

WITH f ^ ' 

appendix containing general statutes of the state 

relative to the schools not properly part of the 

consolidated school law, and rules of 

practice governing appeals to the 

State Superintendent of 

Public Instruction 

IN FORCE ON JUNE i, 1902 




State Superintendent 



State of New York 

Department of Public Instruction 



FORTY-EIGHTH ANNUAL REPORT 



STATE SUPERINTENDENT 



1902 



Appendix i 
SCHOOL LAW 



u^f^. 



By transfer 



12- Wb 



RECENT AMENDMENTS TO SCHOOL LAWS 



The legislatures of 1896 to, and including, that of 1902, passed several 
important laws affecting public school interests which received the sig- 
nature of the governor. These laws are incorpoi'ated in the proper sec- 
tions and titles of this edition of the consolidated school law; but for 
convenience in reference we present the following table giving the page 
of this pamphlet on which such laws may be found. 

PAGH 

Age qualifications for teachers, increase in 47 

Apportionment of school moneys 11-15 

Attendance oflicers, to be appointed in towns 118 

Clerks of boards of education of union free school districts may 

receive compensation, appointment of 68 

Compulsory education law 112 

Compulsory education of Indian children on Allegany and Catttarau- 

gus reservations 160 

Compulsory education of Indian children, Onondaga reservation 164 

Condemnation of school houses by commissioners 27 

Conveyance of pupils to adjoining districts 38 

Contract of hiring must be given teachers by trustees 103 

Contracts between school districts and adjacent districts 38, 102 

Division of school districts 31 

Elections in union school districts having more than 800 children 74 

Flag law 158 

Free text books, union schools may vote tax for 74 

Fredonia normal school, act for rebuilding and equipping 163 

Fredonia normal school, amending act : 167 

Fire drills in schools of the state 166 

Kindergartens, free, establishment of 107 

Neighborhood districts, formation of 114 

Physiology and hygiene in public schools 104 

Eeal property purchased with pension money subject to taxation for 

schools and roads 134 

Eestrictions governing the rescinding of vote to raise money in union 

school districts 72 

School age, reduction of 16 

School districts, formation, alteration and dissolution of 29, 82 

School moneys, paj'ment of, by supervisors to collectors 21 

State normal schools may receive bequests. 148 

Summer institutes, provision for 91 

Schools for colored children 108, 162 

School house sites, acquisition of 87 

Teachers employed in city schools to be graduates of institutions hav- 
ing approved courses of study, and of training classes (chap. 1031, 

laws of 1895) 159 

Teachers institutes 88 

Teachers' licenses under special acts abolished 32 

Teachers not to be contracted with unless their certificate covers the 
length of the term of the contract 50 



THE CONSOLIDATED SCHOOL LAW 



Chap. 556 

As amended to the close of the session of 1902 

L. 1894, Ch. 556 — " An act to revise, amend and consolidate the general 
acts relating to public instruction." 

[Became a law May 8, 1S94, taking effect June 30, 1894.] 
THE CONSOLIDATED SCHOOL LAW 

TITLE 1 
State superintendent of public instruction, his election, and general 

powers and duties 

TITLE II 
State and other school moneys, their apportionment and distribution j 

and trusts and gifts for the benefit of common schools 
Article 1 Of the state school moneys, and their apportionment by 
the superintendent of public instruction, and payment te 
county and city treasurers 
II Of the apportionment of state school moneys, and of other 
school moneys by the school commissioners and their 
payment to the supervisors 
ni Of trusts for the benefit of common schools, and of town 
school funds, fines, penalties and other moneys held or 
given for their benefit 

TITLE III 

Supervisors, disbursement of school moneys by, and some of their 

special powers and duties under this act 

TITLE IV 
Town clerks, their duties under this act 

TITLE V 
School commissioners, their election, powers and duties 

TITLE VI 
School districts, formation, alteration and dissolution thereof 



CONSOLIDATEID SCHOOL LAW - ■ , 

TITLE VII 
Meetings in common school districts, the election of school district 

ofiEicers, and their powers and duties 
Article I Of common school disti-ict meetings; who are voters, and 

their powers 
II Of district school-houses and sites 

III Of the qualification, election and terms of oflBce of district 

officers, and of vacancies in such offices 

IV Of the duties of disti'ict clerk and treasurer 

V Of pupils and teachers 

VI Of tnistees, their powers and duties; and of school taxes 
and annual reports 
yil Of the assessment of district taxes, and the collection of 
such taxes; and of the collector, his powers, duties and 
liabilities 

TITLE VIII 
ITnion free schools, how established, who are voters at meetings and 
their powers; election and terms of ofla.ce of members of boards of 
education, and powers of such boards 
Article I. Of the proceedings for the ^tablishment of union free 

schoois; powers of voters at meetings; classification of 
terms of office and election of members of boards of edu- 
cation; certified copies of proceedings of meetings to be 
filed; board of education to elect a presadent and appoint 
a treasurer and collector 
II Of the qualifications of voters in union free school districts; 
and of meetings of such voters and their powers 
III Of annual and special meetings, and of election of members 
of boards of education and clerk in districts where the 
number of children exceeds three himdred 
IV Of the powers and duties of boards of education 

V Of the alteration of imion free school disti'icts; the increase 

or diminution of number of members of boards of educa- 
tion, and of dissolution of union free school districts 

TITLE IX 
Acquisition of school-house sites 

TITLE X 
Teachers' institutes 

TITLE XI 
Teachers' training classes 

TITLE XII 
State scholarships in Cornell university 



State Superintendbnt of Public Instruction 7 

XITLB 1 

TITLE XIII 
Cominon scliool and public libraries 

TITLE XIV 
Appeals to superintendent of public instruction 

TITLE XV 
Miscellaneous provisions 
A.rticle I Of loss of school moueys apportioned; of forfeiture by 
school officers by reason of neglect to sue for penalties; 
of costs in suits which might have been the subject of 
appeal to the superintendent of public instruction; of 
costs in suits, actions and proceedings other than appeals 
to the superintendent of public instruction 
II Changes in text-books 

III Care of code of public instruction 

IV Contracts between school districts and boards of education 

in cities 
V Memorandum of contracts with teachers 
VI Physiology and hygiene in the public schools 
VII Free instruction in drawing 
VIII Vocal music in the public schools 
IX Free kindergarten in cities and villages 
X Industrial training in the public schools 

XI Schools for colored children 

XII Orphan schools 
XIII Indian schools 

XIV Deaf and dumb and blind institutions 

XV Arbor day 
XVI Miscellaneous 

TITLE XVI 
Compulsory education of children 

TITLE I 

State Superintendent of Public Instruction, his election and general 

powers and duties 

Section 1. Short title.— This chapter shall be known as the shorttitie 
" Consolidated School Law." 

§ 2 The office of state superintendent of public instruction is state 
continued and the term of said office shall be three years com- tenden't, 

' Ills GlGction 

mencing on the seventh day of April. Such superintendent shall and term 
be elected by joint ballot of the senate and assembly on the 
second Wednesday of February next preceding the expiration 
of the term of the then incumbent of said office, and on the 
second Wednesday of February next after the occurrence of anj 



Consolidated school law. 



TITLE 1 

Office In 
capitol 

Salary 



Deputy 

snperiu- 

lendent 



Clerks and 
employes 



Official seal 



Copies of 
record, etc. 



Duties ex- 
officio 



Supervision 
of normal 
schools, etc. 



Visitation 
of common 
scIiodIs by 
appointees 



vacancy in the office. The superintendent's office shall be in the 
capitol, and maintained at the expense of the state. His salary 
shall be five thousand dollars a year, payable monthly, by the 
treasurer, on the warrant of the comptroller. 

§ 3 He shall appoint a deputy, who shall receive an annual 
salary of four thousand dollars payable monthly by the treas- 
urer on the warrant of the comptroller; and in case of a vacancy 
in the office of superintendent the deputy may perform all the 
duties of the office until the day hereinbefore fixed for the 
commencement of the term of said office. In case the office of 
both superintendent and deputy shall be vacant, the governor 
shall appoint some person to perform the duties of the office 
until the superintendent shall be elected and his term of office 
commence as hereinbefore provided. 

§ 4 He may appoint as many clerks and employes as he may 
deem necessary, but the compensation of such clerks and em- 
ployes shall not exceed in the aggregate the sum annually 
appropriated by the legislature therefor, and shall be payable 
monthly by the treasurer, on the warrant of the comptroller, 
and the certificate of the superintendent. 

§ 5 The seal of the superintendent, of which a description 
and impression are now on file in the office of the secretary of 
state, shall continue to be his official seal, and when necessary, 
may be renewed from time to time. Copies of all papers de- 
posited or filed in the superintendent's office, and of all acts, 
orders and decisions made by him, and of the drafts or machine 
copies of his official letters, may be authenticated under the 
said seal, and when so authenticated, shall be evidence equally 
with and in like manner as the originals. 

§ 6 The superintendent shall be ex-officio a regent of the 
university of the state of New York, a trustee of Cornell Uni- 
versity and of the New York State Asylum for Idiots. He shall 
also have general supervision over the state normal schools 
which have been and which may hereafter be established; and 
he shall provide for the education of the Indian children of the 
state, as required by the provisions of this act. 

§ 7 The superintendent may, in his discretion, appoint per- 
sons to visit and examine all or any of the common schools in 
the county where such persons reside, and to report to him all 
such matters respecting their condition and management, and 
the means of improving them, as he shall prescribe; but no 
allowance or compensation shall be made to such visitors for 
their services or expenses. 



State ISuperintexdeiiXT of Public Instruction 9 

TITLE 1 

§ 8 So often as lie can, consistently with his other duties, he visitation 
shall visit such of the common schools of the state as he shall superTn- ^ 

. tendent 

see fit, and inquire into their course of instruction, management 
and discipline, and advise and encourage the pupils, teachers 
and officers thereof. 

§ 9 He shall submit to the legislature an annual report con- Annual 

. . . report 

taming: 

1 A statement of the condition of the common schools of the 
state, and of all other schools and institutions under his super- 
vision, and subject to his visitation as superintendent. 

2 Estimates and accounts of expenditures of the school 
moneys, and a statement of the apportionment of school moneys 
made by him. 

3 A.11 such matters relating to his office, and all such plana 
and suggestions for the improvement of the schools and the 
advancement of public instruction in the state, as he shall deem 
expedient. 

§ 10 He may grant under his hand and seal of office a certifi- Teacher-s 

c6rtlflcato 

cato of qualification to teach, and may revoke the same. While 
unrevoked, such certificate shall be conclusive evidence that the 
person to whom it was granted is qualified by moral character, 
learning and ability, to teach any common school in the state. 
Such certificate may be granted by him only upon examination. Examina- 
He shall determine the manner in which such examination shall for 
be conducted, and may designate proper persons to conduct the 
same, and report the result to him. He may also appoint times 
and places for holding such examinations, at least once in each 
year, and cause due notice thereof to be given. Every such cer- License to 
tificate so granted shall be deemed and considered a legal license *^^^^ 
and authority to teach in any of the public schools of this state, 
without further examination of the person to whom the same 
was granted, any provision of law in conflict with this provision 
to the contrary notwithstanding. He may also, in his discre- coiiege 
tion, issue a certificate without examination, to any graduate of Certificates 
a college or university who has had three years' experience as a 
teacher. Such last-mentioned certificate shall be known as the 
"" college graduate's certificate," and may be revoked at any 
time for cause. He may also, in his discretion, indorse a ii^dorse- 

'' ' ' ment of 

diploma issued by a state normal school or a certificate issued !j!,d°tI1l 
by a state superintendent or state board of education in any certificates 
other state, which indorsement shall confer upon the holder 
thereof the same privileges conferred by law upon the holders 



10 



Consolidated school law 



Temporary 
licenses to 
teach 



Annulment 
of cei tifi- 
cates, etc. 



List of per- 
eons hold- 
ing certifi- 
cates and 
diplomas 



Removal of 
school com- 
missioner 



May with- 
hold mon- 
eys from 
district 



Blank 
forms, etc., 
preparation 
and distri- 
bution of 



Oaths and 
affidavits 



of diplomas or certificates issued by state normal schools or by 
the state superintendent in this state. He may also issue 
temporary licenses to teach, limited to any school commissioner 
district or school district, and for a period not exceeding six 
months whenever, in his judgment, it may be uecessary or ex- 
pedient for him to do so. 

§ 11 Upon cause shown to his satisfaction, he may annul any: 
certificate of qualification granted to a teacher by a school com- 
missioner, or declare any diploma issued by a state normal 
school ineffective and null as a qualification to teach a common 
school within this state, and he may reconsider and reverse his 
action in any such matter. 

§ 12 He shall prepare and keep in his office alphabetical lists 
of all persons who have received, or shall receive, certificates of 
qualification from himself, or diplomas of the state normal 
schools, with the dates thereof, and shall note thereon all annul- 
ments and reversals of such certificates and diplomas, with the 
dates and causes thereof, together with such other particulars- 
as he may deem expedient. 

§ 13 Whenever it shall be proved to his satisfaction that any 
school commissioner or other school officer has been guilty of 
any willful violation or neglect of duty under this act, or any 
other act pertaining to common schools, or willfully disobeying: 
any decision, order or regulation of the superintendent, the 
superintendent may, by an order under his hand and seal, which, 
order shall be recorded in his office, remove such school commis- 
sioner or other school officer from his office. Said superintend- 
ent may also withhold any share of the public money of the 
state from any district for willfully disobeying any decision,, 
order or regulation as aforesaid, or when authorized by any pro- 
vision of this act. 

§ 14 He shall prepare suitable registers, blanks, forms and 
regulations for making all reports and conducting all necessary 
business under this act, and shall cause the same, with such 
information and instructions as he shall deem conducive to the 
proper organization and government of the common schools and 
the due execution of their duties by school officers, to be trans- 
mitted to the officers and persons intrusted with the execution^ 
of the same. 

§ 15 The superintendent may administer oaths and take affi- 
davits concerning any matter relating to the schools. 



State and other school moneys 11 

TITLE 3 

TITLE II 

State and other school moneys, their apportionment and distribution, 
and of trusts and gifts for the benefit of common schools 

ARTICLE 1 

Of the state school moneys and their apportionment hy the super- 

intendent of public instruction^ and payment to county and 

city treasurers 

Section 1 There shall be raised by tax, in each year, upon the state tax 
real and personal estate of each county within the state, such of'schooi»' 
sum as the legislature shall annually determine necessary for 
•the support of common schools in the state; and the proceeds of 
such tax shall be apportioned and distributed as herein 
.provided. 

S 2 The moneys so raised 'shall be paid into the state Depositor 

" '- moneys 

treasury, and the treasurer may transfer them from one deposi- 
tory to another, by his draft, countersigned and entered by the 
superintendent of public instruction. On the first working-day Monthly 
of each month the treasurer shall make to the superintendent treasurer 
of public instruction a written statement of the condition of the 
free school fund, showing the amount received and paid during 
the preceding month, and the balance remaining on hand. The Bankbook 
bank in which such moneys are deposited shall furnish the 
superintendent of public instruction a book, in which the oflScers 
of such banks shall make entries of all sums deposited therein 
by the treasurer, from time to time, to the credit of said free 
school fund. No such money shall be paid out of the treasury warrants 
'except upon such warrant of the superintendent, countersigned meats 
by the comptroller, referring^ to the law under which it is drawn. 
The superintendent shall countersign and enter all checks counter- 
drawn by the treasurer in payment of his warrants, and all cheeks and 

^ '' ' receipts 

receipts of the treasurer for such money paid to the treasurer, 
and no such receipt shall be evidence of payment unless it be so 
•countersigned. 

§ 3 The comptroller may withhold the payment of any moneys comptroller 
to which any county may be entitled from the appropriation of j^^J^j^^^^" 
the incomes of the school fund and the United States deposit 
fund for the support of common schools, until satisfactory 
■evidence shall be furnished to him that all moneys required by 
law to be raised by taxation upon such county, for the support 
of schools throughout the state, have been collected and paid or 
accounted for to the state treasurer; and whenever, after the ^^^'5'^^%^''^ 
first day of March in any year, in consequence of the failure of deficiencies 
any county to pay such moneys on or before that day there shall 



12 Consolidated school law 

TITLE 2 

be a deficiency of moneys in the treasury applicable to the |)ay- 
ment of school moneys, to which any other county may be en- 
titled, the treasurer and superintendent of public instruction 
are hereby authorized to make a temporary loan of the amount 
so deficient, and such loan, and the interest thereon at the rate 
of twelve per cent per annum, until payment shall be made tO' 
the treasury, shall be a charge upon the county in default, and 
shall be added to the amount of state tax, and levied upon such 
county by the board of supervisors thereof at the next ensuing- 
assessment, and shall be paid into the treasury in the same 
manner as other taxes. 

moneys^^"' § ^ The moueys raised by the state tax or borrowed as afore- 

defiuect gj^i^ ^Q supply a deficiency thereof, and such portion of the 
income of the United States deposit fund as shall be appro- 
priated, and the income of the common school fund, when the 
same are appropriated to the support of common schools, con- 

panion-'^^' stitutc the State school moneys, and shall be divided and appor- 

"^"'^ tioned by the superintendent of public instruction, on or before 

the twentieth day of January in each year as hereinafter pro- 

tlachlfs° vided; and all moneys so apportioned, except the library moneys,. 

wages shall be applied exclusively to the payment of teachers wages. 

For pay of «§ 5 Hc shall apportiou and set apart from the free school 

school com- "- ^i ^ 

missioners fund appropriated therefor the amounts required to pay the 
annual salaries of the school commissioners elected or elective 
under this act, to be drawn out of the treasury and paid to the 
iage^<^nnd' ^^"^^I'^^l commissioucrs as hereinafter provided. Said superin- 
empioyiug f ^udent shall make no allotment to any city or district for the 
t^ndents cxpeuse of a superintendent unless satisfied that such city, vil- 
lage or district, employs a competent person as superintendent 
whose time is exclusively devoted to the general supervision of 
Enumera- the public schools of Said citv, village or district: nor shall he 

tion of In- ^ . J » 7 

habitants in make anv allotment to any district in the first instance without 

the first '' 

lustauce first causing an enumeration of the inhabitants thereof to be 
made, which shall show the population thereof to be at least five 
thousand, the expense of which enumeration, as certified by said 
state superintendent, shall be paid by the district in whose in- 

monty^ tcrcst it is made. He shall then set apart, from the income of 
the United States deposit fund, for and as library moneys, such 
sums as the legislature shall appropriate for that purpose. 

Quotr'^°° After deducting the said amounts he shall divide and apportion 
the remainder of the state school moneys as hereinafter speci- 
fied. To each city, eight hundred dollars. To each village which 
has a population of five thousand as shown by the last state 
census, or federal or village enumeration, and which employs 
a superintendent of schools, eight hundred dollars. To each 

* As amended by chapter 316, laws of 1903. 



State and other school moneys 13 

TITLB a 

nniou school district which has a population of five thousand, 
and which employs a superintendent of schools, eight hundred 
dollars. An appropriation under either of the first three sub- 
divisions hereof is known as a supervision quota. He shall set fund"^^*** 
apart for a contingent fund not more than ten thousand dollars. 
*§ G From the remainder he shall apportion; 

1 To each district having an assessed valuation of forty thou- Apportion- 
sand dollars or less, as appears by the report of the trustees '^'^^if^^ 
upon which such apportionment is based, one hundred and fifty 
dollars; and to each of the remaining districts, and to each of 

the cities in the state, one hundred and twenty-five dollars. The 
apportionment provided for by this subdivision shall be known 
as a district quota. 

2 To each such district or city for each additional qualified ^enfof*^"' 
teacher and his successors by whom the common school has qtfota"^ 
been taught, during the period of time required by the school 

law, and to each Indian reservation for each teacher employed 
therein for a like period, one hundred dollars; but pupils em- 
ployed as monitors or otherwise, shall not be deemed teachers. 
The apportionment provided for by this subdivision shall be 
known as a teacher's quota. 

3 The remainder to the several counties according to their re- Apportion- 

T- • T ment to 

spective population by a ratio to be ascertained by dividing such commas 
remainder by the population of the state as shown by the last 
federal census or state enumeration; except that for the purpose 
of this apportionment the city of New York shall be considered 
one county. But as to counties in which are situated cities 
whose boundary lines are coterminous with the school district 
lines comprising said city, he shall apportion to such city the 
part to which it shall so appear entitled, and to the residue of 
the county the part to which it shall appear to be so entitled. 

To entitle a district to a district quota, a qualified teacher or Ba^is of 
successive qualified teacher must have actually taught the com- q^ota 
mon school of the district for at least one hundred and sixty 
days of school, inclusive of legal holidays that may occur during 
the term of said schools and exclusive of Saturdays. No Satur- 
day shall be counted as part of said one hundred and sixty days 
of school and no school shall be in session on a legal holiday, ex- 
cept Washington's birthdav and Lincoln's birthday. A defi- Teacher's 
ciency not exceeding three weeks during anv school vear caused at iDstitute, 

«/ cr* cj- t. «. 6XCUS6(l 

by a teacher's attendance upon a teachers' institute within a 
county, shall be excused by the superintendent of public instruc- 
tion. 

§ 7 Having so apportioned and distributed the said district 
quota as specified in section six of this act, the superintendent 

* As amended by chapter 316, laws of 1902. 



14: COABULIDATED SCHOOL LAW 

TITLE 2 

shall apportion the remainder of said state school moneys, and 
also the library moneys separately, among the counties of the 
state, according to their respective population, excluding In- 
dians residing on their reservation, as the same shall appear 
from the last preceding state or United States census; but as to 
how"dete°°' counties in which are situated cities having special school acts, 
mined ^q Shall apportion to each city the part to which it shall so ap- 
pear entitled, and to the residue of the county the part to which 
it shall appear to be so entitled. If the census according to 
which the apportionment shall be made does not show the sum 
of the population of any county or city, the superintendent 
shall, by the best evidence he can procure, ascertain and deter- 
mine the population of such county or city at the time the 
census was taken, and make his apportionment accordingly. 
Allowance s g Whenever any school district shall have been excluded 

to excluded <5 -J ^ , , i • 

disuic-s from participation m any apportionment made by the superin- 
tendent, or by the school commissioners, by reason of its having 
omitted to make any report required by law, or to comply with 
any other provision of law, or with any rule or regulation made 
by the superintendent under the authority of law, and it shall 
be shown to the superintendent that such omission was acci- 
dental or excusable, he may, upon the application of such dis- 
trict, make to it an equitable allowance; and if the apportion- 
ment was made by himself, cause it to be paid out of the con- 
tingent fund; and, if the apportionment was made by the com- 
missioners, direct them to apportion such allowance to it, at 
their next annual apportionment, in addition to any apportion- 

May direct meut to which it may then be entitled. And the superintendent 

payment of "^ -, ■ i 

quota when mav, iu his discretiou, upon the recommendation of the school 

teacher not •• ' ^ . . , 

qualified commissioner having jurisdiction over the district m default, 
direct that the money so equitably apportioned shall be paid in 
satisfaction of teacher's wages earned by a teacher not qualified 
in accordance with the provisions of the law as hereinafter set 
forth. 

Keoiama- g g j£ mouey to which it is not entitled, or a larger sum than 

^roprilted' it is entitled to, shall be apportioned to any county, or part of a 
county, or school district, and it shall not have been so dis- 
tributed or apportioned among the districts, or expended, as to 
make it impracticable so to do, the superintendent may reclaim 
such money or excess, by directing any officer in whose hands it 
may be to pay it into the state treasury, to the credit of the free 
school fund; and the state treasurer's receipt, countersigned by 
the superintendent, shall be his only voucher; but if it be im- 

Deductions practicable so to reclaim such money or excess, then the super- 

from next ^ ,/ 7 i 

apportion- lutendcnt shall deduct it from the portions of such county, part 
of a county or district in his next annuaL apportionment, and 
distribute the sum thus deducted equitably among the counties 



tSTATE AND OTHEli SCHOOL MONEYS 15 

TIILK 2 

and inirts of oouuties, or among ilie scliool districts in the state 
entitled to participate in sucii apportionment, according to the 
basis of apportionment in Avhich such excess occurred. 
§ 10 [f a less sum than it is entitled to shall have been appor- suppiemen- 

tai-y appor- 
tioned bv the superintendent to any county, part ot a county or tionment 

school district, the superintendent may make a supplementary ^ies 

iip]tortionment to it, of such a sum as shall make up the deli- 

■ciency, and the same shall be paid out of the contingent fund, 

if sufficient, and if not, then the superintendent shall make up 

•su(!h deficiency in his next annual apportionment. 

^ 11 As soon as possible after the making of any annual or ceruflca- 
general apportionment, the superintendent shall certify it to the apportion- 
county clerk, county treasurer, school commissioners and city 
treasurer or chamberlain, in every county in the state; and if it 
be a supplemental apportionment, then to the county clerk, 
county treasurer and school commissioners of the county in 
which the school-house of the district concerned is situate. 

§ 12 The moneys so annually apportioned by the superin- Moneys, 
tendent, shall be payable on the first day of April next after the tirsi^day o" 
apportionment, to the treasurers of the several counties and the 
chamberlain of the city of New York, respectively; and the said 
treasurers and the chamberlain shall apply for and receive the 
same as soon as payable. 

ARTICLE 2 

Of tlie apporfinnpient of the state school moneys, and of other 
school vioiicijs by the school commissioners, and their payment 
to the supervisors 

§ 13 The school commissioner, or commissioners of each Annual 

apportion- 

connty, shall proceed, at the county seat, on the third Tuesday i"<^"tby 
of March, in each year, to ascertain, apportion and divide the ^'°""^ 
state and other school moneys as follows: 

1 They shall set apart any library monevs apportioned by the Library 
superintendent. ' ^"""'^'^ 

2 From the other moneys apportioned to the county, they state 
shall set apart and credit to each school district the amount be"se?apart 
apportioned to it by the state superintendent, and to every dis- 
trict which did not participate in the apportionment of the pre- 

tIous year, and which the superintendent shall have excused, 
such equitable sum as he shall have allowed to it. 

t They shall procure from the treasurer of the county a tran- Ketu™ 
script of the returns of the supervisors hereinafter required, vended' 
showing the unexpended moneys in their hands applicable to "^""^^^ 
the psyment of teachers' wages and to library purposes, and 



16 



COXSOLIDATED SCHOOL LAW 



Ee turns 
from treas- 
urer of fines 
and penal- 
ties 



How 

apportioned 



Library 
moneys 



Basis of 
apportion- 
ment 



Apportion- 
ment 
according 
to school 
attendance 



Attend- 
ance, how 
ascertained 



Moneys set 
apart to 
districts 



shall add the whole sum of such moneys to the balance of the 
state moneys to be apportioned for teachers' wages. The 
amounts in each supervisor's hands shall be charged as a partial 
payment of the sums apportioned to the town for library 
moneys and teachers' wages, respectively. 

4 They shall procure from the county treasurer a full list 
and statement of all payments to him of moneys for or on 
account of fines and penalties, or accruing from any other 
source, for the benefit of schools and of the town or towns, 
district or districts for whose benefit the same were received. 
Such of said moneys as belong to a particular district, they shall 
set apart and credit to it; and such as belong to the schools of 
a town, they shall set apart and credit to the schools in that 
town, and shall apportion them together with such as belong 
to the schools of the county as hereinafter provided for the 
payment of teachers' wages. 

5 They shall apportion library moneys to the school districts^ 
and parts of school districts, joint with parts in any city or in 
any adjoining county, which shall be entitled to participate 
therein, as follows: Q'o each of said districts an amount equal tO' 
that which shall have been raised in said district for librarj' 
purfjoses, either by tax or otherwise; and if the aggregate 
amount so raised in the districts within the county shall exceed 
the sum apportioned to the county, the said districts, respect- 
ively, shall be entitled to participate in such apportionment 
pro rata to the total amount aj^portioned to the county. 

*6 They shall apportion all of such remaining unapportioned 
moneys in the like manner and upon the same basis among such 
school districts and parts of districts in proportion to the aggre- 
gate number of days of attendance of the pupils resident therein, 
between the ages of five and eighteen years, at their respective 
schools during the last preceding school year, and also such 
children residing therein over four years of age who shall have 
attended any free kindergarten school legally established. The 
aggregate number of days in attendance of the pupils is to be 
ascertained from the records thereof, kept by the teachers as 
hereinafter prescribed, by adding together the whole number of 
days' attendance of each and every pupil in the district, or part 
of a district. 

7 They shall then set apart the money so set apart and 
apportioned to each district, the school-house of which i» 
therein; und to each part of a joint district therein the school- 
house of which is located in a city or in a town in an adjacent 
county. 



* As amended by section 2, chapter 264, laws of 1896. 



State and other school moneys IT 

TITLE 2 

8 They shall sign, in duplicate, a certificate, showing the certificate 
amounts apportioned and set apart to each school district and tionment 
part of a district, and the towns in which they were situated, 

and shall designate therein the source from which each item 
was derived; and shall forthwith deliver one of said duplicates 
to the treasurer of the county and transmit the other to the 
superintendent of public instruction. 

9 They shall certify to the supervisor of each town the certificate 
amount of school moneys so apportioned to his town, and the visW 
portions thereof to be paid by him for library purposes and for 
teachers' wages, to each such distinct district and part of a 
district. 

§ 14 If, in their apportionment, through any error of the com- ^f°^^f^'jj'°? 
missioners, any district shall have apportioned to it a larger or ^on^e^'nta 
a less share of the moneys than it is entitled to receive, the 
commissioners may, in their next annual apportionment, with 
the approval of the superintendent, correct the error by equi- 
tably adding to or deducting from the share of such district. 

§ 15 No district or part of a district shall be entitled to any Districts 

"^ ^ "^ when not 

portion of such school moneys on such apportionment unless the ^^q*^'^^^'** 
report of the trustees for the preceding school year shall show 
that a common school was supported in the district and taught 
by a qualified teacher for such a term of time as would, under 
section six of this title, entitle it to a distributive share under 
the apportionment of the superintendent. 

§ 16 On receiving the certificate of the commissioners, each eiluIJite 
supervisor shall forthwith make a copy thereof for his own use, 
and deposit the original in the office of the clerk of his town; 
and the monevs so apportioned to his town shall be paid to him Payments 

"^ ^ of moneys 

immediately on his compliance with the requirements of the **^/JJ?^'"' 
following section, but not before. 

§ 17 Immediately on receiving the commissioners' certificate supervisors 

" bona 

of apportionment, the county treasurer shall require of each 
supervisor, and each supervisor shall give to the treasurer, in 
behalf of the town, his bond, with two or more sufficient sure- 
ties, approved by the treasurer, in the penalty of at least double 
the amount of the school moneys set apart or "apportioned to 
the town, and of any such moneys unaccounted for by his 
predecessors, conditioned for the faithful disbursement, safe- 
keeping and accounting for such moneys, and of all other school 
moneys that may come into his hands from any other source. 
If the condition shall be broken the county treasurer shall sue 
the bond in his own name, in behalf of the town, and the 
money recovered shall be paid over to the successor of the 
supervisor in default, such successor having first given security 
2 



18 



Consolidated school law 



TITLE 3 

"Roiid of 
supervisors 
to fill 
■vacancy 



"Refusal 
to give 
security 



Moneys, 
liow dis- 
bursed 
• ♦.hereupon 



"Estates InJ 
trust for 
common 

.schools 



Trusts not 
invalid In 
certain 
cases 



as aforesaid. Whenever the oflice of a supervisor shall become 
vacant, by reason of the expiration of his term of service or 
otherwise, the county treasurer shall require the person elected 
or appointed to fill such vacancy to execute a bond, with two or 
more sureties, to be approved by the treasurer, in the penalty 
of at least double the sum of the school moneys remaining in 
the hands of the old supervisor, when the office became vacant, 
conditioned for the faithful disbursement and safe-keeping of 
and accounting for such moneys. But the execution of this 
bond shall not relieve the supervisor from the duty of executing 
the bond first above mentioned. 

§ 18 The refusal of a supervisor to give such security shall 
be a misdemeanor, and any fine imposed on his conviction thereof 
shall be for the benefit of the common schools of the town. 
Upon such refusal, the moneys so set apart and apportioned 
to the town shall be paid to and disbursed by some other ofiicer 
or person to be designated by the county judge, under such 
regulations and with such safeguards as he may prescribe, and 
the reasonable compensation of such officer or person, to be 
adjusted by the board of supervisors, shall be a town charge. 

ARTICLE 3 

Of trusts for the benefit of common schools, and of toion school 
funds, fines, penalties and other moneys held or given for their 
hcnefit 

§ 19 Real and personal estate may be granted, conveyed, 
devised, bequeathed and given in trust and in perj)etuity or 
otherwise, to the state, or to the superintendent of public in- 
struction, for the support or benefit of the common schools, 
within the state, or within any part or portion of it, or of any 
particular common school or schools within it; and to any 
county, or the school commissioner or commissioners of 
any county, or to any city or any board of officers thereof, 
or to any school commissioner district or its commissioner, or 
to any town, or supervisor of a town, or to any school district 
or its trustee or trustees, for the support and benefit of common 
schools within such county, city, school commissioner district, 
town or school district, or within any part or portion thereof 
respectively, or for the support and benefit of any particular 
common school or schools therein. No such grant, conveyance, 
devise or bequest shall be held void for the want of a named 
or competent trustee or donee, but where no trustee or donee, 
or an incompetent one is named, the title and trust shall vest 
in the people of the state, subject to its acceptance by the 
legislature, but such acceptance shall be presumed. 



State a.\d other school moneys 19 

TITLE 2 

§ 20 The legislature may control and regulate the execution Execution 

-en'ijj -I ,^ . -■ ,. Of trusts 

of all such trusts; and the superintendent of public instruction 
ehall supervise and advise the trustees, and hold them to a supervision 
regular accounting for the trust property and its income and tenS'"' 
interest at such times, in such forms, and with such authentica- 
tions, as he shall, from time to time, prescribe. 

§ 21 The common council of every city, the board of super- omcersana 
Tisors of every county, the trustees of every village, the super- report ** 
visor of every town, the trustee or trustees of every school 
district, and every other officer or person who shall be thereto 
required by the superintendent of public instruction, shall report 
to him whether any, and if any, w^hat trusts are held by them 
respectively, or by any other body, officer or person to their 
information or belief for school purposes, and shall transmit, 
_ therewith, an authenticated copy of every will, conveyance, 
instrument or paper embodying or creating the trust; and shall, 
in like manner, forthwith report to him the creation and terms 
of every such trust subsequently created. 

§ 22 Every supervisor of a town shall report to the super- Reports as 
intendent whether there be, within the town, any gospel or andTchoot 
school lot, and, if any, shall describe the same, and state to supervisor 
what use, if any, it is put by the town; and whether it be leased, 
and, if so, to whom, for what term and upon what rents; and 
whether the toAvn holds or is entitled to any land, moneys or 
securities arising from any sale of such gospel or school lot, 
and the investment of the proceeds thereof, or of the rents and 
income of such lots and investments, and shall report a full 
statement and account of such lands, moneys and securities. 

§ 23 Every supervisor of a town shall in like manner report Keportsas' 
to the superintendent whether the town has a common school m hands of 

ovsrsGsrs off 

fund originated under the "Act relative to moneys in the hands p"""" 
of overseers of the poor," passed April twenty-seventh, eighteen 
hundred and twenty-nine, and, if it have, the full particulars 
thereof, and of its investment, income and application, in such 
form as the superintendent may prescribe. 

§ 24 In respect to the property and funds in the last tAvo superin- 
sections mentioned, the superintendent shall include in his rlport'to*' 

1 i ■! IT .,1 /.•-. legislature 

annual report a statement and account thereof. And, to these 

ends, he is authorized, at any time and from time to time, to May require 

' reports 

require from the supervisor, board of town auditors, or any ^-^^^ 
ofTicer of a town, a report as to any fact, or any information 
or account, he may deem necessary or desirable. 

§ 25 Whenever, by any statute, a penalty or fine is imposed for Fi„es and, 
the benefit of common schools, and not expressly of the com- p®''^""'* 
mon schools of a town or school district, it shall be taken to 



20 



Consolidated school law 



TITLE S 



Apportion- 
ment 
thereof 



Reports of 
district at- 
torneys, as 
to fines, etc. 



Payment of 
■colleciions 
to treasurer 



Fines and 
penalties, 
to whom 
paid 



Penalties 
and fines in 
Joint dis- 
tricts 



be for the benefit of the common schools of the county v^ithic 
which the conviction is had; and the fine or penalty, when paid 
or collected, shall be paid forthwith into the county treasury, 
and the treasurer shall credit the same as school moneys of 
the county, unless the county comprise a city having a special 
school act, in which case he shall report it to the superintendent, 
who shall apportion it upon the basis of population by the last 
census, between the city and the residue of the county, and 
the portion belonging to the city shall be paid into its treasury. 

§ 2G Every district attorney shall report, annually, to the 
board of supervisors, all such fines and penalties imposed in 
any prosecution conducted by him during the previous year; 
and all moneys collected or received by him or by the sheriff, 
or any other officer, for or on account of such fines or penalties, 
shall be immediately paid into the county treasury, and the 
receipt of the county treasurer shall be a sufficient and the 
only voucher for such money. 

§ 27 Whenever a fine or penalty is inflicted or imposed for 
the benefit of the common schools of a town or school district, 
the magistrate, constable or other officer collecting or receiving 
the same shall forthwith pay the same to the county treasurer 
of the county in which the school-house is located, who shall 
credit the same to the town or district for whose benefit it is 
collected. If the fine or penalty be inflicted or imposed for the 
benefit of the common schools of a city having a special school 
act, or of any part or district of a city, it shall be paid into the 
city treasury. 

§ 28 Whenever, by this or any other act, a penalty or fine is 
imposed upon any school district officer for a violation or omis- 
sion of official duty, or upon any person for any act or omission 
within a school district, or touching property or the peace and 
good order of the district, and such penalty or fine is declared to 
be for, or for the use or benefit of the common schools of the 
town or of the county, and such school district lies in two or 
more towns or ^counties, the town or county intended by the act 
shall be taken to be the one in which the school-house, or the 
school-house longest owned or held by the district, is at the 
time of such violation, act or omission. 



TITLE III 

Supervisors; Disbursement of school moneyg by, and some of tlieir 
special powers and duties under this act 

«oJpeiand' Soctiou 1 The several supervisors continue vested with the 
=schoouots pQ^gpg a^^ charged with the duties formerly vested in and 



State and otheu school moneys 21 

charged upon the trustees of the gospel and school lots, and 
transferred to and imposed upon town superintendents of com- 
mon schools by chapter one hundred and eighty-six of the laws 
of eighteen hundred and forty-six. 

§ 2 The several supervisors continue vested with the powers Powers 

under 

-and charged with the duties conferred and imposed upon the former 
•commissioners of common schools by the act of eighteen hun- 
dred and twenty-nine (chap. 287), entitled "An act relative to 
moneys in the hands of overseers of the poor." 

§ 3 On the first Tuesday of March in each year, each super- f^]!^^^}''"'' 
visor shall make a return in writing to the county treasurer for {faTcTs of"^ 
the use of the school commissioners, showing the amounts of ^"p^'^'^o"^ 
school moneys in his hands not paid on the orders of trustees 
for teachers' wages, nor drawn by them for library purposes, and 
the districts to which they stand accredited (and if no such 
money remain in his hands, he shall report that fact); and there- 
after he shall not pay out any of said moneys until he shall have 
received the certificate of the next apportionment; and the 
moneys so returned by him shall be reapportioned as herein- 
before directed, 

^ 4 It is the duty of every supervisor: ^"*'^s 

*1 To disburse the school moneys in his hands applicable to J^^'lj^J'I'f/- 
the payment of teachers' wages, upon and only upon the written ^^[^°°\ 
orders of a sole trustee or a majority of the trustees, in favor of 
qualified teachers. But whenever the collector in any school 
district shall have given bonds for the due and faithful per- 
formance of the duties of his office as disbursing agent, as re- 
quired by section eighty of title seven of this act, or whenever 
any school district shall elect a treasurer as hereinafter provided, 
the said supervisor shall, upon the receipt by him of a copy of 
the bond executed by said collector or treasurer as hereinafter 
required, certified by the trustee or trustees, pay over to such Payment 
collector or treasurer, all moneys in his hands applicable to the ^|;i"^,.'°.'-'°^' 
payment of teachers' wages in such district, and the said col- treasurer 
lector or treasurer shall disburse such moneys so received by him 
upon such orders as are specified herein to the teachers entitled 
to the same. 

2 To disburse the library moneys upon, and only upon the Library 
written orders of a sole trustee, or of a majority of the trustees. 

3 In the case of a union free school district, to pay over all Paymeut 

' XT ./ over of 

the school money apportioned thereto, whether for the payment u„%V° 
of teachers' wages, or as library moneys, to the treasurer of such (11^°°^ "^'^ 
district, upon the order of its board of education. 

* As amended by section 1, chapter 177, laws of 1S96, 



22 



Consolidated school law 



TITLE 4 

Accounts of 
receipts 
and dis- 
bursements 



Blank book 
and entries 
therein 



Filing of 
accounts 



Duties to- 
ward pre- 
decessor 



Payment 
over of 
moneys to 
successor 



Recovery 
of penal- 
ties and 
forfeitures 



Erection or 
alteration 
of school 
districts 



Duties 

Preserva- 
tion of 
records 



4 To keep a just and true account of all the school moneys 
received and disbursed by him during each year, and to lay the 
same, with proper vouchers, before the board of town auditors 
at each annual meeting thereof. 

5 To have a bound blank book, the cost of which shall be a 
town charge, and to enter therein all his receipts and disburse- 
ments of school moneys, specifying from whom and for what 
pui'poses they were received, and to whom and for what pur- 
poses they were paid out; and to deliver the bool?: to his successor 
in office. 

6 Within fifteen days after the termination of his office, to 
make out a just and true account of all school moneys thereto- 
fore received by him and of all disbursements thereof, and to 
deliver the same to the town clerk, to be filed and recorded, 
and to notify his successor in office of such rendition and filing. 

7 So soon as the bond to the county treasurer, required by 
section seventeen of title two of this act, shall have been given 
by him and approved by the treasurer, to deliver to his prede- 
cessor the treasurer's certificate of these facts, to procure from 
the town clerk a copy of his predecessor's account, and to 
demand and receive from him any and all school moneys remain- 
ing in his hands. 

8 Upon receiving such a certificate from his successor, and 
not before, to pay to him all school moneys remaining in his 
hands, and to forthwith file the certificate in the town clerk's 
office. 

9 By his name of office, when the duty is not elsewhere im- 
posed by law, to sue for and recover penalties and forfeitures 
imposed for violations of this act, and for any default or omis- 
sion of any town officer or school district board or officer under 
this act; and after deducting his costs and expenses to report 
the balances to the school commissioner. 

10 To act, when thereto legally required, in the erection or 
alteration of a school district, as in the sixth title of this act 
provided, and to perform any other duty which may be devolved 
upon him by this act, or any other act relating to common 
schools. 

TITLE IV 

Town clerks; their duties under this act 

Section 1 Tt shall be the duty of the town clerk of each town; 

1 Carefully to keep all books, maps, papers and records of 
his office touching common schools, and forthwith to report to 
the supervisor any loss or injury to the same. 



Town clerks 23 

TITLE 4 

2 To receive from the supervisors tlie certificates of appor- Record of 

apportion- 

tioiiment of school moneys to the town, and to record them in ™'^''* 
a book to be kept for that purpose. 

3 Forthwith to notify the trustees of the several school dis- Notice to 
tricts of the filing of each such certificate. 

4 To see that the trustees of the school districts make and obtaining 

leports 

deposit with him their annual reports within the time prescribed 
by law, and to deliver them to the school commissioner on 
demand; and to furnish the school commissioner of the school i*'urni-hing 

' luimes of 

■commissioner district in which his town is situated the names om'^i^sto 
and post-office addresses of the school district officers reported sloner*^' 
to him by the district clerks. 

5 To distribute to the trustees of the school districts all °onof"' 
'books, blanks and circulars which shall be delivered or for- ^^'''^^^' ^t°- 
warded to him by the state superintendent or school commis- 
sioner for that purpose. 

6 To receive from the supervisor, and record in a book kept Record of 

^ ^ annual ac- 

for that purpose, the annual account of the receipts and dis- points 

iDursements of school moneys required to be submitted to the 

town auditors, together with the action of the town auditors 

thereon, and to send a copv of the account and of the action Transmis- 
sion of same 
thereon, by mail, to the superintendent of public instruction, jg^rtP^"*^" 

<vhenever required by him, and to file and preserve the vouchers 

■a,ccompanying the account. 

7 To receive and to record, in the same book, the supervisor's F^ai 

■*■ accounts 

-final account of the school moneys received and disbursed by 
him, and deliver a copy thereof to such supervisor's successor 
in office. 

8 To receive from the outgoing supervisor, and file and record freL"^rer's 
in the same book, the county treasurer's certificate, that his ^ertmeates 
■successor's bond has been given and approved. 

9 To receive, file and record the descriptions of the school of^diltricts 
districts, and all papers and proceedings delivered to him by 

the school commissioner pursuant to the provisions of this act. 

10 To act, when thereto legally required, in the erection or f,"(f°of °' 
alteration of a school district, as in title six of this act provided. '^'''^'''^^^ 

11 To receive and preserve the books, papers and records of uon o7*" 
any dissolved school district, which shall be ordered, as herein- dIss°oived* 
after provided, to be deposited in his office. 

12 To perform anv other duty which may be devolved upon General 
hmi by this act, or by any other act touching common schools. 

§ 2 The necessary expenses and disbursements of the town ^^p^^f^^ 
clerk in tlie performance of his said duties, are a town charge, ^"'■s«'^«"*» 
-and shall be audited and paid as such. 



2^ 



Consolidated school law 



TITLE 5 



School 
commis- 
sioner 



School 
commis- 
sioner dis- 
tricts 



Division of 
districts 



Election of 
new com- 
missioner 



Election of 
school com- 
missioners 



Certificate 
of election 
to be for- 
warded to 
superin- 
tendent 



Tprm of 

office 



Offlcial 
oath 



TITLE V 

School commissioners; their election, powers and duties 

Section 1 The office of school commissioner is continued, and 
the present incumbents shall continue in office in their respect- 
ive districts, for the residue of the terms for which they were 
elected or appointed. 

§ 2 The school commissioner districts duly and legally organ- 
ized, and as the same existed January first, eighteen hundred 
and ninety-four, shall continue to be held and recognized as the 
school commissioner districts of the state until the same shall 
be altered or modified by the legislature. No city shall be in- 
cluded in, or form a part of any school commissioner district 
In any school commissioner district that contains more than one 
hundred school districts, the board of supervisors may divide 
such commissioner district, within the county, and erect there- 
from an additional school commissioner district; and when such 
district shall have been formed a school commissioner for such 
district shall be elected in the manner provided by law for the 
election of school commissioners. 

§ 3 A school commissioner for each school commissioner 
district shall be elected by the electors thereof, at the general 
election in the year eighteen hundred and ninety-six, and tri- 
ennially thereafter. Any person of full age, a citizen of the 
United States, a resident of the state, and of the county in which 
a school commissioner district is situated, shall be eligible to 
the office of school commissioner. No person shall be deemed 
ineligible to such office by reason of sex who has the other 
qualifications as herein provided. It shall be the duty of county 
clerks, and they are hereby required, as soon as they shall have 
official notice of the election or appointment of a school com- 
missioner, for any district in their county, to forward to the 
superintendent of public instruction a duplicate certificate of 
such election or appointment, attested by their signature and 
the seal of the county. 

§ 4 The term of office of such commissioner shall commence 
on the first day of January next af^■er his election, and shall 
be for three years, and until his or her successor qualifies. 
Every person elected to the office, or appointed to fill a vacancy, 
must take the oath of office prescribed by the constitution, 
before the county clerk or before any officer authorized to take, 
within this state, the acknowledgment of the execution of a 
deed of real property, and file it with the county clerk; and if 
he or she omit so to do, the office shall be deemed vacant. 



School commissioners 25 

TITLE 5 

§ 5 A commissioner may, at any time, vacate his or her Resigna- 
office by filing his or her resignation with the county clerk. 
His or her removal from the county, or the acceptance of the ^^^^^'^^ 
oflQce of supervisor, town clerk or trustee of a school district, 
shall vacate his or her office. 

§ 6 The county clerk, so soon as he has official or other notice vacancies 

^ "^ ' in office 

of the existence of a vacancy in the office of school commissioner, 
shall give notice thereof to the county judge, or, if that office 
be vacant, to the superintendent of public instruction. In case 
of a vacancy the county judge, or, if there be no county judge, 
then the superintendent shall appoint a commissioner, who shall 
hold his office until the first of January succeeding the next 
general election, and until his successor, who shall be chosen 
at such general election, shall have qualified. A person elected 
to fill a vacancy shall hold the office only for the unexpired term. 

§ 7 Every school commissioner shall receive an annual salary f^^^^'^ 
of one thousand dollars, payable quarterly out of the free school 
fund appropriated for this purpose. 

§ 8 Whenever a majority of the supervisors from all the of"aiary 
towns composing a school commissioner district shall adopt a 
resolution to increase the salary of their school commissioner 
beyond the one thousand dollars payable to him from the free 
school fund, it shall be the duty of the board of supervisors 
of the county 1o give effect to such resolution, and they shall 
assess the increase stated therein upon the towns composing 
such commissioner district, ratably, according to the corrected 
valuations of the real and personal estate of such towns. 

§ 9 The board of supervisors shall annually audit and allow Km^s- 
to each commissioner within the county a fixed sum of at ^'°°'"' 
least two hundred dollars for his expenses, and shall assess 
and levy that amount annually, by tax upon the towns com- 
posing his district. 

§ 10 Whenever the superintendent of public instruction is f^^leiV 
satisfied that a school commissioner has persistently neglected SSl'i-'^ 
to perform his duties, he may withhold his order for the pay- 
ment of the whole or any part of such commissioner's salary as 
it shall become due, and the salary so withheld shall be for- 
feited; but the superintendent may remit the forfeiture, in 
whole or in part, upon the commissioner disproving or excusing 
such neglect. 

, § 11 A commissioner, upon the written request of the com- ^C^'t» 
missioner of an adjoining district, may perform any of his ^i-^othef 
duties for him, and upon requirement of the state superintend- 
ent of public instruction must perform the same. 



26 



Consolidated school law 



TITLE 5 

Not to act as 
agent for 
author, 
publisher, 
etc. 



Penalty- 



Defining 

district 

boundaries 



^Expenses 
thereof 



Visitation 
and exam- 
ination of 
schools 



Xibraries, 
-school- 
liouses, t c. 



Hecom- 
Tiiendation 
■as to studies 



May direct 
trustees 
to make 
a'epairs 



§ 12 No school commissioner shall be directly or indirectly 
engaged in the business of a publisher of school books, maps 
or charts, or of a bookseller, or in the manufacture or sale 
of school apparatus or furniture; nor shall he act as agent for an 
author, publisher, or bookseller, or dealer in school books, maps 
or charts, or manufacturer of or dealer in any school furniture 
or apparatus; nor directly or indirectly receive any gift, emolu- 
ment, reward or promise of reward, for his influence in recom- 
mending or procuring the use of any book, map or chart, or 
school apparatus, or furniture of any kind whatever, in any 
common or union free school, or the purchase of any books for 
a school district library. Any violation of this provision, or 
any part thereof, shall be a misdemeanor; and any such viola- 
tion shall subject such commissioner to removal from his office 
by the superintendent of public instruction. 

§ 18 Every commissioner shall have power, and it shall be 
his duty: 

1 From time to time to inquire into and ascertain whether 
the boundaries of the school districts within his district are 
definitely and plainly described in the records of the proper 
town clerks; and in case the record of the boundaries of any 
school district shall be found defective or indefinite, or if the 
same shall be in dispute, then to cause the same to be amended, 
or an amended record of the boundaries to be made. All 
necessary expenses incurred in establishing such amended 
records shall be a charge upon the district or districts affected, 
to be audited and allowed by the trustee or trustees thereof, 
upon the certificate of the school commissioner. 

2 To visit and examine all the schools and school districts 
within his district as often in each year as shall be practicable; 
ro inquire into all matters relating to the management, the 
course of study and mode of instruction, and the text-books 
and discipline of such schools, and th6 condition of the school- 
houses, sites, outbuildings and appendages, and of the district 
generally; to examine the school libraries; to advise with and 
counsel the trustees and other officers of the district in relation 
to their duties, and particularly in respect to the construction, 
heating, ventilating and lighting of school-houses, and the im- 
proving and adorning of the school grounds connected there- 
with; and to recommend to the trustees and teachers the proper 
studies, discipline and management of the schools, and the 
course of instruction to be pursued. 

3 Upon such examination, to direct the trustees to make 
any alterations or repairs on the school-house or outbuildings 



School, uommissioxeks 27 

TITLE 5 

which shall, in his opinion, be necessary for the health or com- 
fort of the pupils, but the expense of making such alterations 
or repairs shall, in no case, exceed the sum of two hundred 
dollars, unless an additional sum shall be voted by the district. 
He may also direct the trustee to make any alterations or ^r"r1fpaira 
repairs to school furniture, or when in his opinion any furniture jurm^ture 
is unfit for use and not worth repairing, or when sufficient furni- 
ture is not provided, he may direct that new furniture shall 
be provided as he may deem necessary, provided that the ex- 
pense of such alterations, repairs or additions to furniture shall 
not, in any one year exceed the sum of one hundred dollars. 
He may also direct the trustees to abate any nuisance in or ^f^^^g'^^^'s, 
upon the premises, provided the same can be done at an expense 
not exceeding twenty-five dollars. 

*4 By an order under his hand, reciting the reason or reasons, ^X'lT"*' 
to condemn a school-house, if he deems it wholly unfit for use schooiiiuusa 
and not worth repairing, and to deliver the order to the trustees, 
or one of them, and transmit a copy to the superintendent of 
public instruction. Such order, if no time for its taking effect 
be stated in it, shall take effect immediately. He shall also Estimates 

' " for erection- 

state what sum, will, in his opinion, be necessary to erect ^ouges"^" 
a school-house capable of accommodating the children of 
the district. Immediately upon the receipt of said order, 
the trustee or trustees of such district shall call a special SiDgfor 
meeting of the inhabitants of said district, for the pur- quesifon""^ 
pose of considering the question of building a school-house 
therein. Such meeting shall have the power to determine 
the size of said school-house, the material to be used in its 
erection, and to vote a tax to build the same. But such meeting 
shall have no power to reduce the estimate made by the com- 
missioner aforesaid by more than twenty-five per centum of 
such estimate. And where no tax for building such house shall biffm^g "'^ 
have been voted by such district within thirty days from the Tectto'"'*''" 
time of holding the first meeting to consider the question, then 
it shall be the duty of the trustee or trustees of such district 
to contract for the building of a school-house capable of accom- 
modating the cWldren of the district, and to levy a tax to pay ^ax^'^^r^ 
for the same, which tax shall not exceed the sum estimated thereof 
as necessary by the commissioner aforesaid, and which shall not 
be less than such estimated sum by more than twenty-five per 
centum thereof. But such estimated sum may be increased ^"^^^ftl^^ 
by a vote of the inhabitants at any school meeting subsequently ^°*^ 
called and held according to law. 

*As amended by section 1. chapter 512, laws of 1S97 



28 



Consolidated school law 



TITLE 5 

Examina- 
lioa and 
licensing 
of teachers 



Restrictions 
as to 
framing 
■certificates 



Examina- 
tion of 
•cliargps 
■against 
•teachers 



Annulment 
of certifi- 
cates 



Oeneral 
duties 



Affidavits 
and oaths 



Issuing of 
subpoenas, 
etc. 



Penalty 
for dtsobe- 
tlience of 
subpoenas 



5 To examine, under such rules and regulations as have been 
or may be prescribed by the superintendent of public instruc- 
tion persons proposing to teach common schools within his dis- 
trict, and not possessing the superintendent's certificate of 
qualification or a diploma of a state normal school, and to in- 
quire into their moral fitness and capacity, and, if he find them 
qualified, to grant them certificates of qualification, in the 
forms which are or may be prescribed by the superintendent. 
No certificate shall be granted to any person to teach in the 
public schools of this state, who has not passed a satisfactory 
examination in physiology and hygiene, with special reference 
to the effects of alcoholic drinks, stimulants and narcotics upon 
the human system. No certificate shall be granted to any 
person under the age of eighteen years. 

6 To examine any charge affecting the moral character of 
any teacher within his district, first giving such teacher reason- 
able notice of the charge, and an opportunity to defend him- 
self therefrom; and if he find the charge sustained, to annul 
the teacher's certificate, by whomsoever granted, and to declare 
him unfit to teach; and if the teacher holds a certificate of the 
superintendent, or a diploma of a state normal school, to notify 
the superintendent forthwith of such annulment and declaration. 

7 And, generally, to use his utmost infiuence and most 
strenuous exertions to promote sound education, elevate the 
character and qualifications of teachers, improve the means of 
instruction and advance the interests of the schools under his 
supervision. 

§ 14 Every school commissioner shall have power to taktf 
affidavits and administer oaths in all matters pertaining to 
common schools, but without charge or fee; and, under the 
direction of the superintendent of public instruction, to take 
and report to him the testimony in any case of appeal. When so 
directed by the superintendent, said commissioner shall have 
power to issue subpoenas to compel the attendance of witnesses. 
Service of said subpoenas shall be made a reasonable time be- 
fore the time therein named for the hearing, by exhibiting the 
same to the person so served, with the signature of the com- 
missioner attached, and by leaving with such person a copy 
thereof. The person so served shall be entitled to receive from 
the person or officer at whose instance he is subpoenaed, at the 
time of service, the same fees as are provided by law for wit- 
nesses in courts of record. Disobedience of such subpoena shall 
subject the delinquent to a penalty of twenty-five dollars, which 
shall, unless sufficient excuse is shown, upon the certificate of 
the commissioner showing such facts, be imposed by the county 



School districts 29 

TITLE 6 

judge of the county in which such commissioner resides, and 
shall be paid forthwith to the county treasurer for the benefit 
of the poor of the county, or, in case such penalty shall not be 
paid, such delinquent shall stand committed to the county jail 
of the county for the period of twenty-five days, unless sooner 
paid. 

§ 15 The commissioners shall be subject to such rules and feg^faffong 
regulations as the superintendent of public instruction shall, 
from time to time, prescribe, and appeals from their acts and 
decisions may be made to him, as hereinafter provided. They ^®|*uper- 
shall, whenever required by the superintendent, report to him 'nt^'^'^eii'^ 
as to any particular matter or act, and shall severally make to 
him annually, to the first day of August in each year, a report 
in such form and containing all such particulars as he shall 
prescribe and call for; and, for that purpose, shall procure the 
reports of the trustees of the school districts from the town j^e°o"f fr„^ 
clerks' offices, and, after abstracting the necessary contents scho™^°^ 
thereof, shall arrange and indorse them properly and deposit ^'""^^^^^ 
them, with a copy of his own abstract thereof, in the office of 
the county clerk, and the clerk shall safely keep them. 

§ 16 It shall be the duty of all trustees and boards Of educa- useoj 

^ *' School 

tion for school districts under the supervision of school com- ^^^'exam- 
missioners, to grant the use of any school building under their ^"^"ons 
charge for all examinations appointed by the superintendent of 
public instruction, upon the written request of the commis- 
sioner having jurisdiction over the same. 

TITLE VI 

School districts: formation, alteration and dissolution thereof 

Section 1 It shall be the duty of each school commissioner, in f^^fi ^^ '° 
respect to the territory within his district: districts 

1 To divide it, so far as practicable, into a convenient num- 
ber of school districts, and alter the same as herein provided. 

*2 In conjunction with the commissioner or commissioners of d"it"icts 
an adjoining school commissioner district or districts, to set off 
joint districts, composed of adjoining parts of their respective 
districts, and separately to institute proceedings to alter the 
same in respect to the territory within his own district. 

3 To describe and number the school districts, and joint dis- JJ^^fl^^^ 
tricts, and to deliver, in writing, to the town clerk, the descrip- dll^^cTs'"'' 
^ion and number of each district lying in whole or in part in his 
town, together with all notices, consents and proceedings relat- 
ing to the formation or alteration thereof, immediately after 
such formation or alteration. Every joint district shall bear the 

♦ As amended by section 1, chapter 223, laws of 1895. 



30 



CONSOLIDATEID SCHOOL LAW 



Alteration 
of districts 
upon con- 
Sf-nt 



Ordering of 
alterations 
upon 

refusal of 
consent 



Notice of 
hearing ob- 
jections to 
alterations 



Supervisor 
and clerk 
associated 
with coin- 
mi.- sloner 



Hearing 
and decis- 
ion thereon 



Filing of 
decisioa 



Fees of 
supervisor 
and town 
clerk 



Dissolution 
of districts 



Alteration 
of bound- 
aries (if 
union free 
school 
districts 



same number in every school commissioner district of whose 
territory it is in part composed, 

§ 2 With the written consent of the trustees of all the dis- 
tricts to be affected thereby, he may, by order, alter any school 
district within his jurisdiction, and fix, by said order, a day 
when the alteration shall take effect. 

§ 3 If the trustees of any such district refuse to consent, he 
may make and file with the town clerk his order making the 
alteration, but reciting the refusal, and directing that the order 
shall not take effect, as to the dissenting district or districts, 
until a day therein to be named, and not less than three months 
after the date of such order. 

*§ 4 Within ten days after making and filing such order he 
shall give at least a week's notice in writing to one or more of 
the assenting and dissenting trustees of any district or districts 
to be affected by the proposed alterations, that at a specified 
time, and at a named place within the town in which either of 
the districts to be affected lies he will hear the objections to the 
alteration. The trustees of any district to be affected by such 
order may request the supervisor and town clerk of the town 
or towns, within which such district or districts shall wholly or 
partly lie, to be associated with the commissioner. At the time 
and place mentioned in the notice the commissioner, or com- 
missioners, with the supervisors and town clerks, if they shall 
attend and act, shall hear and decide the matter; and the de- 
cision shall be final unless duly appealed from. Such decision 
must either affirm or vacate the order of the commissioner, and 
must be filed with and recorded by the town clerk of the town 
or towns in which the district or districts to be affected shall 
lie, and a tie vote shall be regarded a decision for the purposes 
of an appeal on the merits. Upon such appeal, the superintend- 
ent of public instruction may affirm, modify or vacate the order 
of the commissioner or the action of the local board. 

§ 5 The supervisor and town clerk shall be entitled each, to 
one dollar and fifty cents a day, for each day's service in any 
such matter, to be levied and paid as a charge upon their town. 

t§ 6 Any school commissioner may also, with the written con- 
sent of the trustees of all the districts to be affected thereby, 
dissolve one or more school districts adjoining any union free 
school district other than one whose limits correspond with any 
city or incorporated village, and annex the territory of such dis- 
tricts so dissolved to such union free school district. He may 
alter the boundaries of any union free school district whose 



* As amended by section 4, cliapter 261, laws of 1816. 
t As amended by section 2, chapter 512, laws of 1897. 



School districts 31 

TITLE 6 

limits do not correspond with those of any city or incorporated 
village, in like manner as alterations of common school districts 
may be made as herein provided; but no school district shall be 
divided, which has any bonded indebtedness outstanding. 
8 7 Whenever it mav become necessary or convenient to form Formation 

•^ ' "^ of jomt dls- 

a school district out of parcels of two or more school commis- ^^'^'^ 
siouer districts, the commissioners of such districts, or a 
majority of them, may form such district; and the commis- 
sioners within whose districts any such school district lies, or a Alteration 
majority of them, may alter or dissolve it. «io» 

S 8 If a school commissioner, by notice in writing, shall re- special 

«^ ^ "J »' mi-etiiig for 

quire the attendance of the other commissioner or commis- dilsoivi'n°' 
sioners, at a joint meeting for the purpose of altering or dis- Ir'cts'''^' 
solving such a joint district, and a majority of all the commis- 
sioners shall refuse or neglect to attend, the commissioner or 
commissioners attending, or any one of them, may call a special 
meeting of such school district for the purpose of deciding 
whether such district shall be dissolved; and its decision of that 
question shall be as valid as though made by the commissioners. 

*§ 9 Any school commissioner may dissolve one or more dis- «o"i'o"df^ 
tricts, and may from such territory form a new district; he may *'"'°*^ 
also unite a portion of such territory to any existing adjoining 
district or districts. When two or more districts shall be con- 
solidated into one, the new district shall succeed to all the rights 
of property possessed by the annulled districts. 

§ 10 When a district is parted into portions, which are pfopenyof 
annexed to other districts, its property shall be sold by the dlsuk-tl'* 
supervisor of the town, within which its school-house is situate, 
at public auction, after at least five days' notice, by notice posted 
in three or more public places of the town in which the school- 
house is situated, one of which shall be posted in the district 
so dissolved. The supervisor, after deducting the expenses of uon of*' 
the sale, shall apply its proceeds to the payment of the debts of p'"°'=®^*^^ 
the district, and apportion the residue, if any, among the owners 
.>r possessors of taxable property in the district, in the ratio of 
their several assessments on the last corrected assessment-roll 
or rolls of the town or towns, and pay it over accordingly. 

§ 11 The supervisor of the town within which the school- of^'out"*"* 
house of the dissolved district was situated may demand, sue for, money"^ 
and collect, in his name of ofSce, any money of the district out- 
standing in the hands of any of its former officers, or any other 
person; and, after deducting his costs and expenses, shall report 
the balance to the school commissioner who shall apportion the 
same equitably among the districts to which the parts of the 

* As amended by section 4, chapter 2M, laws of 1896. 



Consolidated school law 



TITLE 7 

Apportion- 
ment and 
ftppUcation 
ot same 

Dissolved 
districts to 
exist In law 
for settlo- 
jiient of 
affairs 



Deposit of 
records, 
etc., vvitli 
town cleric 



Penalty for 
i-efusal to 
t)bey oKlers 



Extension 
of commis- 
eloners' 
powers 



dissolved districts were annexed, to be by them applied as 
their district meetings shall determine. 

§ 12 Though a district be dissolved, it shall continue to exist 
in law for the purpose of providing for and paying all its just 
debts; and to that end the trustees and other ofScers shall con- 
tinue in office, and the inhabitants may hold special meetings, 
elect officers to supply vacancies, and vote taxes; and all other 
acts necessary to raise money and pay such debts shall be done 
by the inhabitants and officers of the district. 

§ 13 The commissioner, or a majority of the commissioners 
in whose district or districts a dissolved school district was 
situated, shall by his or their order in writing, delivered to the 
clerk of the district, or to any person in whose possession the 
books, papers and records of the district, or any of them, may be, 
direct such clerk or other person to deposit the same in the 
clerk's office in a town in the order named. Such clerk or other 
person, by neglect or refusal to obey the order, shall forfeit fifty 
dollars, to be applied to the benefit of the common schools of 
said town. The commissioner or commissioners shall file a 
duplicate of the order with such clerk. 

*§ 14 All the rights, powers and duties conferred upon school 
commissioners by titles five and six of this act, including the sole 
authority to examine and license, under the rules prescribed by 
the superintendent of public instruction, all persons proposing 
to teach common schools, not possessing the qualifications men- 
tioned in subdivision five of section thirteen of title five, shall 
extend to all districts organized under special acts, and all parts 
of such special acts inconsistent therewith are hereby repealed. 



New dis- 
trict 



Notice of 
first meet- 
ing 



Service of 
notice 



TITLE VII 

Meetings in common school districts; tlie election of school district 

of3.cers and their powers and duties 

ARTICLE 1 

Of common school district meetings, loho are voters, and their powers 

Section 1 Whenever any school district shall be formed, the 
commissioner or any one or more of the commissioners, within 
whose district or districts it may be, shall prepare a notice 
describing such district, and appointing a time and place for the 
first district meeting, and deliver such notice to a taxable inhab- 
itant of the district. 

§ 2 It shall be the duty of such inhabitant to notify every 
other inhabitant of the district qualified to vote at the meeting, 
by reading the notice in his hearing, or in case of his absence 

♦Added by section 3, chapter 513, laws of 1897. 



Meetings in common school districts 33 

TITLB 7 

from home, by leaving" a copy thereof, or so mucli thereof as 
relates to the time, place and object of the meeting, at the place 
■of his abode, at least, six days before the time of the meeting. 

§ 3 In case such meeting shall not be held, and in the opinion no'tld'of 
of the commissioner it shall be necessary to hold such meeting, {fe^fore^im© 
before the time herein fixed for the first annual meeting, he ^^^'^ 
shall deliver another such notice to a taxable inhabitant of the 
district, who shall serve it as hereinbefore provided. 

§ 4 When the clerk and all the trustees of a school district fjf;^.f^|ee''" 
shall have removed from the district, or their office shall be commis^" 
vacant, so that a special meeting can not be called, as herein- ca^u®""'^^ 
after provided, the commissioner may in like manner give notice 
of, and call a special district meeting, 

§ 5 Every taxable inhabitant, to whom a notice of any district reful'aW" 
meeting shall be delivered for service, pursuant to any pro- serve notice 
visions of this article, who shall refuse or neglect to serve the 
same, as hereinbefore prescribed, shall forfeit five dollars for 
the benefit of the district. 

§ 6 A special district meeting shall be held whenever called Ifstrlct 
by the trustees. The notice thereof shall state the purposes ™^^""s* 
for which it is called, and no business shall be transacted at 
such special meeting, except that which is specified in the notice; 
and the district clerk, or, if the office be vacant, or he be sick 
or absent, or shall refuse to act, a trustee or some taxable 
inhabitant, by order of the trustees, shall serve the notice upon 
each inhabitant of the district qualified to vote at district 
meetings, at least five days before the day of the meeting, in the 
manner prescribed in the second section of this title. But the Annual 

■■^ meeting 

inhabitants of any district may, at any annual meeting, adopt a ^ribemode 
resolution prescribing some other mode of giving notice of °^fij.g*"^ 
special meetings, which resolution and the mode prescribed 
thereby shall continue in force until rescinded or modified at 
some subsequent annual meeting. 

§ 7 The proceedings of no district meeting, annual or special, ^^gs*; wlcc 
shall be held illegal for want of a due notice to all the persons '"''^^' 
qualified to vote thereat, unless it shall appear that the omission 
to give such notice was willful and fraudulent. 

§ 8 The annual meeting of each school district shall be held ^choofdis- 
on the first Tuesday of August in each year, and, unless the l^^toieet- 
hour and place thereof shall have been fixed by a vote of a pre- 
vious district meeting, the same shall be held in the school-house 
at seven-thirty o'clock in the evening. If a district possesses 
more than one school-house, it shall be held in the one usually 
employed for that purpose, unless the trustees designate 
another. If the district possesses no school-house, or if the 



34 CONSOLIDATEID SCHOOL LAW 

XITLB 7 

school-house shall be no longer accessible, then the annual meet- 
ing shall be held at such place as the trustees, or, if there be no 
trustee, the clerk, shall designate in the notice, 
^g^. when § ^ Whenever the time for holding the annual meeting in 
meethignot ^chool districts shall pass without such meeting being held in 
, *>^'<i any district, a special meeting shall thereafter be called by the 

trustees or by the clerk of such district for the purpose of tran- 
sacting the business of the annual meeting; and if no such meet- 
ing be called by the trustees or the clerk within twenty days 
after such time shall have passed, the school commissioner of 
the commissioner district in which said school district is 
situated, or the superintendent of public instruction may order 
any inhabitant of such district to give notice of such meeting in 
the manner provided in the second section of this title, and the 
officers of the district shall make to such meeting the reports 
required to be made at the annual meeting, subject to the same 
penalty in the case of neglect; and the officers elected at such 
meeting shall hold their respective offices only until the next 
annual meeting and until their successors are elected and shall 
have qualified as in this act provided. 
Duty of in- § 10 Wheuevcr any district meeting shall be duly called, it 
upon calf shall be the duty of the inhabitants qualified to vote thereat, to 
mee mg j^ggg^-^l^jg g^^ j-j^g ^jj^jg ^j^^ place fixed for the meeting. 

Voters, § 11 Every person of full age residing in any school district 

fications'^ '' and who has resided therein for a period of thirty days next pre- 
ceding any annual or special meeting held therein, and a citizen 
of the United States, who owns or hires, or is in the possession 
under a contract of purchase, of real property in such school 
district liable to taxation for school purposes; and every such 
resident of such district, who is a citizen of the United States, of 
twenty-one years of age, and is the parent of a child or children 
of school age, some one or more of whom shall have attended 
the district school in said district for a period of at least eight 
weeks within one year preceding such school me-^^ing; and 
every such person not being the parent, who shall have per- 
manently residing with him or her a child or children of school 
age, some one or more of whom shall have attended the district 
school in said district for a period of at least eight weeks within 
one year preceding such school meeting; and every such resi- 
dent and citizen as aforesaid, who owns any personal property, 
assessed on the last preceding assessment-roll of the to'>Yu, 
exceeding fifty dollars in value, exclusive of such as is exempt 
from execution, and no other shall be entitled to vote at any 
school meeting held in such district, for all school district 
officers aud upon all matters which may be brought before said 



Meetings in common school districts 35 

TITLE 7 

meetrng:. No person shall be deemed to be ineligible to vote at i^^Jif;'^®,"'^^ 
any sucL school disti-ict meeting, by reason of sex, who has one ^f/g*"^^"" 
or more of the other qualifications required by this section. 

§ 12 If any person offering to vote at any school district challenges 
meeting shall be challenged as unqualified, by any legal voter 
In such district, the chairman presiding at such meeting shall 
require the person so offering, to make the following declara- 
tion: " I do declare and affirm that I am, and have been, for the Deciara- 
thirty days last past, an actual resident of this school district upon 
and that I am qualified to vote at this meeting." And every 
person making such declaration shall be permitted to vote on 
all questions proposed at such meeting; but if any person shall 
refuse to make such declaration, his or her vote shall be rejected. 

§ 13 Any person who shall willfully make a false declaration ^'^^fjf^^ etc. 
of his or her right to vote at any such school meeting, after his 
or her right to vote thereat has been challenged, shall be 
deemed guilty of a misdemeanor. And any person not qualified 
to vote at any such meeting, who shall vote thereat, shall 
thereby forfeit five dollars, to be sued for by the supervisor for 
the benefit of the common schools of the town. 

§ 14 The inhabitants entitled to vote, when duly assembled of'm^.Mct 
in any district meeting, shall have power, by a majority of the meeting 
votes of those present: 

1 To appoint a chairman for the time being. 

2 If the district clerk be absent to appoint a clerk for tlie 
time. 

3 To adjourn from time to time as occasion may require. 

4 To elect one or three trustees as hereinafter provided, a Election 

^ ' of district 

district clerk and a district collector, and in any district which officers 
shall so determine, as hereinafter provided, to elect a treasurer, 
at their first meeting, and so often as such offices or any of 
them become vacated, except as hereinafter provided. All dis- 
trict officers shall be elected by ballot. At elections of district saiiotbox 
officers, the trustees shall provide a suitable ballot box. Two 
inspectors of election shall be appointed in such manner as the inspectors 
meeting shall determine, who shall receive the votes cast, and °^ ^^*^*^*^'*'^ 
canvass the same, and announce the result of the ballot to the 
chairman. A poll-list containing the name of every person p^^u.ug^ 
whose vote shall be received shall be kept by the district clerk, 
or the clerk for the time of the meeting. The ballots shall be saiiots 
written or printed, or partly written and partly printed, con- 
taining the name of the person voted for and designating the 
office for w^hich each is voted for. The chairman shall declare Declaration 
to the meeting the result of each ballot, as announced to him by "^'"^s""' 



Consolidated school law 



Treasurer, 
election of, 
how de- 
termined 



Eligibility 
to office 



Term of 
office 



Collector's 
and treas- 
urer's 
ijonds 



Designation 
of site 



Special 

meeting 

tlierefor 



Tax for 
sites and 
school- 
bouses 



Tax for ap- 
paratus and 
textbooks 



Tax for 

school 

library 



the inspectors, and tlie persons having the mcxjority of TOteSf, 
respectively, for the several offices, shall be elected. 

5 At the first meeting, or at any snbseq.uent annual meeting,, 
or at any special meeting duly called for that purpose, the quali- 
fied votes of any school district are authorized to adopt by a. 
vote of a majority of such voters present and voting, to be ascer- 
tained by taking and recording the Sijes and noes, a resolution 
to elect a treasurer of said district, who shall be the custodian 
of all moneys belonging to said district, and the disbursing 
officer of such moneys. If such resolution shall be adopted,, 
such voters shall thereupon elect by ballot a treasurer for said 
district. No person shall be eligible to the office of treasurer 
unless he is a qualified voter in, and a taxable inhabitant of 
said district. Any person elected treasurer at any meeting 
other than an annual meeting, shall hold office until the next 
annual meeting after such election, and until his successor shall 
be elected or appointed, and thereafter a treasurer shall be 
elected at each annual meeting for the term of one year. 

6 To fix the amount in which the collector and treasurer, shall 
give bonds for the due and faithful performance of the duties 
of their offices. 

7 To designate a site for a school-house, or, with the consent 
of the commissioner or commissioners within whose district or 
districts the school-house lies, to designate sites for two or 
more school-houses for the district. Such designation of a site 
or sites for a school-house can be made only at a special meeting 
of the district, duly called for such purpose by a written reso- 
lution in which the proposed site shall be described by metes 
and bounds, and which resolution must receive the assent of a 
majority of the qualified voters present and voting, to be ascer- 
tained by taking and recording the ayes and noes. 

8 To vote a tax upon the taxable property of the district to 
purchase, lease and improve such site or sites or an addition to 
such site or sites; to hire or purchase rooms or buildings for 
school-rooms or school-houses, or to build school-houses; and to 
keep in repair and furnish the same with necessary fuel, furni- 
ture and appendages. 

9 To vote a tax, not exceeding twenty-five dollars in any one 
year, for the purchase of maps, globes, blackboards and other 
school apparatus, and for the purchase of text-books and other 
school necessaries for the use of poor scholars of the district. 

10 To vote a tax for the establishment of a school library and 
the maintenance thereof, or for the support of any school 
library already owned by said district, and for the purchase ot 



Meetings in common school districts 37 

TITLE 7 

books therefor, and such sum as they may deem necessary for 
the purchase of a book-case. 

11 To vote a tax to supply a deficiency in any .former tax J^'jj°f,c,es 
arising from such tax, being in whole or in part, uncollectible. 

12 To authorize the trustees to cause the school-house or insuranctj 

of piopeity 

school-houses, and their furniture, appendages and school appa- 
ratus to be insured by any insurance company created by or 
under the laws of this state. 

13 To alter, repeal and modify their proceedings, from time ^^'^^J^^'J^J^. 
to time, as occasion may require. '"^^ 

14 To vote a tax for the purchase of a book for the purpose of Jec^/^ boou 
recording their proceedings. 

15 To vote a tax to replace moneys of the district, lost or J^f^.^°^ 
embezzled by district officers; and to pay the reasonable ex- °'°"*^J* 
penses incurred by district officers in defending suits or appeals ^^^p^j[f^ 
brought against them for their official acts, or in prosecuting 
suits or appeals by direction of the district against other 
parties. 

16 To vote a tax to pay whatever deficiency there may be in J^^^l°l^, 
teachers' wages after the public money apportioned to the dis- ^^^^®^ 
trict shall have been applied thereto; but if the inhabitants shall 
neglect or refuse to vote a tax for this purpose, or if they shall ^ay ra?se 
vote a tax which shall prove insufficient to cover such deficiency, "'°^''^^ 
then the trustees are authorized, and it is hereby made their 
duty, to raise, by direct tax, any reasonable sum that may be 
necessary to pay the balance of teachers' wages remaining un- 
paid, the same as if such tax had been authorized by a vote of 

the inhabitants. 

17 To vote a tax to pay and satisfy of record anv judgment T^^s^for 

r ti J t.' J o judgments 

or judgments of a competent court which may have been or e?s*wages 
shall hereafter be obtained in an action against the trustees of 
the district for unpaid teachers' wages against the trustees 
of the district, where the time to appeal from said judgment or 
judgments shall have lapsed, or there shall be no intent to 
appeal on the part of such district, or the said judgment or 
judgments is or are or shall be of the court of last resort; 
but if the inhabitants shall neglect or refuse to vote a tax for Trustees 

^ maj' levy 

this purpose, or, if they vote a tax which shall prove insufficient ^^y^^*"** 
to fully satisfy said judgment or judgments, then the trustees 
are authorized and it is hereby made their duty to raise by 
district tax the amount of said judgment or judgments, or the 
deficiency which may exist in any tax voted by said inhabitants 
to pay said judgment or judgments, the same as if such tax 
had been authorized by a vote of the inhabitants, and the '^^^fH^^ 
trustees are hereby authorized, and it is hereby made their meeting 



ss 



Consolidated school law 



Vote on ex- 
p<>nditures 
of niouey 
or levy 
of tax 



Conveyauoe 
of pupils to 
(ither dis- 
tricts 



Election of 
officers in 
districts 
over 2C0 



Time of 
holding 
same 



Notice of 
election 



duty forthwith, after the expiration of thirty days from notice 
of any judgment or judgments having been entered against the 
district or the trustees thereof for unpaid teachers' wages, to 
call a meeting of the inhabitants of said district, who shall have 
power, as aforesaid, to vote a tax to pay said judgment or judg- 
ments; and in case they refuse or neglect to do so, the trustees 
are authorized, and it is hereby made their duty, unless said 
judgment or judgments are appealed from, to raise by district 
tax the amount of said judgment or judgments as hereinbefore 
provided. 

IS Tn all propositions arising at said district meetings, in- 
volving the expenditure of money, or authorizing the levy of a 
tax or taxes, the vote thereon shall be by ballot, or ascertained 
by taking and recording the ayes and noes of such qualified 
voters attending and voting at such district meetings. 

*19. Whenever any district shall have contracted with the 
school authorities of any city or village or other school district 
for the education therein of the pupils residing in such common 
school district, the inhabitants thereof entitled to vote are 
authorized to provide, by tax or otherwise, for the conveyance of 
the pupils residing therein to the schools of such city, village 
or district with which such contract shall have been made, and 
the trustees thereof may contract for such conveyance when so 
authorized in accordance with such rules and regulations as 
they may establish. 

§ 15 In school districts in which the number of children of 
school age exceeds three hundred, as shown by the last annual 
report of the trustees to the school commissioner, the qualified 
voters of any such district, at any annual meeting thereof, 
may by the vote of a majority of those present and voting, to 
be ascertained by taking and recording the ayes and noes, 
determine that the election of officers of said district shall be 
held on the Wednesday next following the day designated by 
law for holding the annual meeting of said district. Until such 
determination shall be changed, such election shall be held on 
the Wednesday next following the day on which such annual 
meeting of such district shall be held in each year, between 
the hours of twelve o'clock noon and four o'clock in the after- 
noon, at the principal school-house in such district, or such 
other suitable place as the trustees may designate. When the 
place of holding such election is other than at the principal 
school-house, the trustees shall give notice thereof by the pub- 
lication of such notice, at least, one week before the time of 
holding such election, in some newspaper published in the 



♦Added by section 5. cliapter 261, laws of 1896. 



Meetings iis common school districts ^9 

TITLE 7 

district, or by posting the same in five conspicuous places in Extension 

^ ^ or time 

the district. The trustees may, by resolution, extend the time 

of holding the election from four o'clock until sunset. The inspectors 

of election 

trustees shall act as inspectors of election, and if a majority 
of tie trustees shall not be present at the time for opening the 
polls, those of them in attendance may appoint any of the legal 
voters of the district present to act as inspectors in place of 
the absent trustees; and if none of the trustees shall be present 
at the time of opening the polls, the legal voters present may 
choose three of their number to act as inspectors. If any such 
district shall have but one trustee, the legal voters of the dis- 
trict present at the time of opening the polls, may choose two 
of their number to act with said trustee as inspectors. The Record 
district clerk shall attend at the election, and record in a book ° 
to be provided for that purpose, the name of each elector as 
he or she deposits his or her ballot. If the district clerk shall 
be absent, or shall be unable or refuse to act, the trustees or 
inspectors of election shall appoint some person who is a legal 
voter in the district to act in his place. Any clerk or acting Penalty for 
clerk at such election who shall neglect or refuse to record the record" 

'^ names 

name of a person whose ballot is received by the inspectors, 

shall be liable to a fine of twenty-five dollars, to be sued for 

by the supervisor of the town. If any person offering to vote challenge 

at such election shall be challenged as unqualified, by any legal 

voter, the chairman of the inspectors shall require the person 

so offering to vote to make the following declaration : " I do Declaration 

thereupon 

declare and affirm that I am and have been for the thirty 
days last past an actual resident of this school district, and 
that I am legally qualified to vote at this election." Every 
person making such declaration shall be permitted to vote; but 
if any person shall refuse to make such declaration, his or her 
ballot shall not be received by the inspectors. Any person Penalty 

•^ ^ ^ r- fur illegal 

who, upon being so challenged, shall willfully make a false voting.etc. 

declaration of his or her right to vote at such election, is guilty 

of a misdemeanor. Any person who shall vote at such election, 

not being duly qualified, shall, though not challenged, forfeit 

the sum of ten dollars, to be sued for by the supervisor of the 

town for the benefit of the school or schools of the district. 

The trustees of the district shall, at the expense of the district, Baiiotbox 

provide a suitable box in which the ballots shall be deposited 

as they are received. Such ballots shall contain the names of Baiiots 

the persons voted for, and shall designate the office for which 

each one is voted, and such ballots may be either written or 

printed, or partly written and partly printed. The inspectors, vot^lind^ 

immediately after the close of the polls shall proceed to canvass of r'e^sSte"^ 



40 



CoXSOLIDATErD SCHOOL LAW 



Special 
election 



Tpi-ms of 
officers 
elected 
thereat 



Election 
disputes, 
iiow 
decided 



litmitation 
of foregoing 
provisions 



the votes. They shall first count the ballots to determine if 
they tally with the number of names recorded by the clerk. 
If they exceed that number, enough ballots shall be withdrawn 
to make them correspond. Said inspectors shall count the votes 
and announce the result. The person or persons having a 
majority of the votes respectively for the several offices shall 
be elected, and the clerk shall record the result of such ballot 
and election as announced by the inspectors. Whenever the 
time for holding such election as aforesaid shall pass without 
such election being held in any such district, a special election 
shall be called by the trustees or clerk, and if no such election 
be called by the trustees or clerk within twenty days after 
such time shall have passed, the school commissioner or the 
superintendent of public instruction may order an inhabitant 
of such district to give notice of such election in the manner 
provided in the second section of this title; and the officials 
elected at such special election shall hold their respective offices 
only until the next annual election, and until their successors 
are elected and shall have qualified, as in this act provided. 
All disputes concerning the validity of any such election, or of 
any votes cast thereat, or of any of the acts of the inspectors 
or clerk, shall be referred to the superintendent of public in- 
struction, whose decision in the matter shall be final. Such 
superintendent may, in his discretion, order a new election in 
any district. 

The foregoing provision shall not apply to school districts in 
cities, nor to union free school districts whose limits correspond 
with those of an incorporated village, nor to any school district 
organized under a special act of the legislature, in which the 
time, manner and form of the election of district officers shall 
be different from that prescribed for the election of officers in 
common school districts, organized under the general law, nor 
to any of the school districts in the counties of Kichmond, 
Suffolk, Chenango, Westchester, Warren, Erie and St. Lawrence. 



ARTICLE 2 



J.ocation of 
school- 
houses 

Approval of 
tax over 



Of district school-houses and sites 

§ 16 Ko school-house shall be built so as to stand, in whole 
or in part, upon the division line of any two towns. 

§ 17 No tax voted by a district meeting for building, hiring or 
purchasing a school-house or an addition to a school-house ex- 
ceeding the sum of five hundred dollars, shall be levied by the 
trustees unless the commissioner in whose district the school- 
liouse of said district so to be built, hired or purchased or added 



MlIKTlNGS IX COMMON SCHOOL DISTRICTS 41 

TITLE 7 

to is situated shall certify, in writing, bis approval of such 
larger sunj. And no scliooMiouse shall be built in any school 
district of this state until the plan of ventilating, heating and ^PP[°^f 
li;^bting such school-house shall be approved in writing by said 
school commissioner. But nothing herein contained shall in- Proviso 
validate any tax that shall or may hereafter be levied for build- 
ing or repairing school-houses which in other respects comply 
with existing statutes. 

*^ 18 Whenever a majority of the inhabitants of any school eoiTection 
district entitled to vote, to be ascertained by taking and record- i"nstaii-*" 
ing the ayes and noes of such inhabitants attending and voting favorlbie*"* 
at any annual, special or adjourned school district meeting, 
legally called or held, shall determine that the sum proposed 
and provided for in the last preceding section shall be raised by 
installments, it shall be the duty of the trustees of such district, 
and they are hereby authorized to cause the same to be raised, 
levied and collected in equal installments in the same manner 
and with the like authority that other school taxes are raised, 
levied and collected, and to make out their tax-list and warrant 
for the collection of such installments, with interest thereon, 
as they become payable, according to the vote of the said in- 
habitants; but the payment or collection of the last installment 
shall not be extended beyond twenty years from the time such 
vote was taken; and no vote to levy any such tax shall be re- Reconsid- 

^ "^ "^ eration of 

considered except at an adjourned annual or special meeting, ^o'e 
to be held within thirty days thereafter, and a like majority 
shall be required for reconsideration as that by which tax was 
originally imposed. For the purpose of giving effect to these issue 
provisions, trustees are hereby authorized, whenever a tax shall 
■have been voted to be collected in installments for the purpose 
of building a new school-house or an addition to a school-house, 
to borrow so much of the sum voted as may be necessary, at a 
rate of interest not exceeding six per centum, and to issue bonds 
or other evidences of indebtedness therefor, which shall be a 
<;harge upon the district and be paid at maturity, and which 
shall not be sold below par. Due notice of the time and place Nouce 
of the sale of such bonds shall be given at least ten days prior thereof 
thereto. It shall be the duty of the trustees or the person or 
persons having charge of the issue or payment of such indebted- 
ness, to transmit a statement thereof to the clerk of the board 
of supervisors of the county in which such indebtedness is cre- 
ated, annually, on or before the first day of November. 

§ 19 So long as a district shall remain unaltered, the site of a change 
school-house owned by it, uj)on which there is a school-house ^emovai'of 

'i , sehool- 

* As amenripd by sPMlon 1, chapter 274, laws o" 1S95. liouse 



CONSOLIDATEID SCHOOL LAW 



erected or in process of erection, shall not be changed, nor sacb 
school-house be removed, unless by the consent, in writing, of 
the school commissioner having jurisdiction; nor with such con- 
sent, unless a majority of all the legal voters of said district 
present and voting, to be ascertained by taking and recording, 
the ayes and noes, at a special meeting called for that purpose,, 
shall adopt a written resolution designating such new site, and 
describing such new site by metes and bounds. 

§ 20 Whenever the site of a school-house shall have been 
changed, as herein provided, the inhabitants of a district enti- 
tled to vote, lawfully assembled at any district meeting, shall 
have power, by a majority of the votes of those present, to 
direct the sale of the former site or lot, and the buildings thereon 
and appurtenances or any part thereof, at such price and upon 
such terms as they shall deem proper; and any deed duly exe- 
cuted by the trustees of such district, or a majority of them^ 
in pursuance of such direction, shall be valid and effectual to 
pass all the estate or interest of such school district in the 
premises, and when a credit shall be directed to be given upon 
such sale for the consideration money, or any part thereof, the 
trustees are hereby authorized to take in their corporate name 
such security by bond and mortgage, or otherwise, for the pay- 
ment thereof, as they shall deem best, and shall hold the same 
as a corporation, and account therefor to their successors in 
office and to the district, in the manner they are now required 
by law to account for moneys received by them; and the trustees 
of any such district for the time being may, in their name of 
office, sue for and recover the moneys due and unpaid upon 
any security so taken by them or their predecessors. 

§ 21 A.11 moneys arising from any sale made in pursuance of 
the last preceding section, shall be applied to the expenses in- 
curred in procuring a new site, and in removing or erecting 
thereon a school-house, and improving and furnishing such site 
and house, and their appendages, so far as such application 
shall be necessary; and the surplus, if any, shall be devoted to 
the purchase of school apparatus and the support of the school, 
as the inhabitants at any annual meeting shall direct. 

AETICLE 3 

Of the qualification, election and terms of office of district officers^ 
and of vacancies in such offices 
§ 23 "No school commissioner or supervisor is eligible to the 
office of trustee, and no trustee can hold the office of district 
clerk, collector, treasurer or librarian. 



Meetings in common school districts 43 

TITLE 7 

§ 23 Every district officer must be a resident of his district, Quaimca- 

" " ' lions of dis- 

and qualified to vote at its meetings. No person shall be eligible *^'r^g*°*^* 
to hold any school district office who can not read and write. 

§ 2-1 From one annual meeting to the next is a year within Terms of 

'^ o .; office 

the meaning of the following provisions: The term of office 
of a sole trustee of a district is one year. The full term of a 
joint trustee is three years, but a joint trustee may be elected 
for one or two years, as herein provided. The term of office of 
all other district officers is one year. Every district officer shall 
hold his office, unless removed during his term of office, until 
bis successor shall be elected or appointed, 

§ 25 The terms of all officers elected at the first meeting of a inspiration 

" "^ of terms or 

newly created district shall expire on the first Tuesday of fees**"""^" 
August, next thereafter. 

§ 26 On the first Tuesday of August next after the erection f^^f^^l ^^ 
of a district, at its first annual meeting, the electors shall deter- ^^"^ ^'""^ 
mine, by resolution, whether the district shall have one or three 
trustees: and if they resolve to have three trustees, shall elect ^^^^j^\ 
the three for one, two and three years, respectively, and shall 
designate by their votes for which term each is elected; there- 
after in such district, one trustee shall be elected at each annual 
meeting to fill the office of the outgoing trustee. The electors ^/^^^J5*g° 
of any district having three trustees, shall have power to decide 
by resolution, at any annual meeting, whether the district shall 
have a sole trustee or three trustees, and if they resolve to have 
a sole trustee, the trustee or trustees in office shall continue in 
office until their term or terms of office shall expire, and no 
■election of a trustee shall be had in the district until the offices 
of such trustee or trustees shall become vacant by the expira- 
tion of their terms of office or otherwise, and thereafter but one 
trustee shall be elected for said district, until the electors of Jjjf^^tf^®"' 
a district having decided to have but one trustee shall deter- 
mine at an annual meeting, by a two-thirds vote of the legal 
voters present thereat, to have three trustees; in which case 
they shall, upon the adoption of such resolution, proceed to 
«lect three trustees or such number as may be necessary to 
form a board of three trustees, in the same manner as provided 
in this section for the election of three trustees at the first 
annual meeting after the erection of a district; and thereafter 
in such district, one trustee shall be elected for three years, at 
each annual meeting, to fill the office of the outgoing trustee. 

§ 27 It shall be the duty of the district clerk, or of any person ^^^^^^ 
who shall act as clerk at any district meeting, when any officer ^^^^^^ 
shall be elected, forthwith to give the person elected notice 



44 



Consolidated school law 



Acceptance 
and refusal 
of office 



Office of 
collector or 
trea-urer, 
whi-u 
vacaiod 

Vaeai:cies 
in (iffice of 
trustee 



Neglect of 
duty or 
refusal 
to serve 
vacates 
office 



Vacancies 
In office of 
cl»*rK, col- 
lector or 
treasurer 



Filing and 
notice of 
appo'nt- 
meut 



Penalty for 
refusal to 
serve or 
neglect of 
duty 



thereof in writing; and such person shall be deemed to have 
accepted the office, unless, within five days after the service of 
such notice, he shall file his written refusal with the clerk. 
The presence of any such person at the meeting which elects 
him to office, shall be deemed a sufficient notice to him of his 
election. 

§ 28 The collector or treasurer vacates his office by not exe- 
cuting a bond to the trustee or trustees, as hereinafter required^ 
and the trustee or trustees may supply the vacancy. 

§ 29 In case the office of a trustee shall be vacated by his 
death, refusal to serve, incapacity, removal from the district, 
or by his being removed from the office, or in any other manner, 
and the vacancy be not supplied by a district meeting within 
one month thereafter, the school commissioner of the commis- 
sioner district, within which the school-house or principal 
school-house of the district is situated, may, by a writing, under 
his hand, appoint a competent person to fill it. If such vacancy 
is supplied by a district meeting, it shall be for the balance of 
the unexpired term; but when such vacancy is supplied by 
appointment by a school commissioner it shall be only until 
the next annual meeting of the district. 

§ 30 A trustee who publicly declares that he will not accept 
or serve in the office of trustee, or who refuses or neglects to 
attend three successive meetings of the board, of which he is 
duly notified, without rendering a good and valid excuse there- 
for to the otht'r trustees, or trustee, where there are but two, 
vacates his office by refusal to serve. 

§ 31 Any vacancy in the office of clerk, collector or treasurer^ 
may be supplied by appointment under the hands of the trustee 
or trustees of the district, or a majority of them, and the ap- 
pointees shall hold their respective offices until the next annual 
meeting of the district, and until others are elected and take 
tlieir places. 

§ 32 Every appointment to fill a vacancy shall be forthwith 
filed, by the commissioner or trustees making it, in the office of 
the district clerk, who shall immediately give notice of the 
ai)pointment to the person appointed. 

§ 33 Every person chosen or appointed to a school district 
oflke, who, being duly qualified to fill the same, shall refuse to 
serve therein, shall forfeit five dollars; and every person so 
chosen or appointed, who, not having refused to accept the office, 
shall willfully neglect or refuse to perform any duty thereof, 
shall by such neglect or refusal vacate his office and shall for- 
feit the sum of ten dollars. These penalties are for the benefit 



Meetings in common school districts 45 

TITLE 7 

of the school or schools of the district. But the school commls- Acceptauce 

of resigna- 

sioner of the commissioner district wherein any such person ""'^ 
resides may accept his written resignation of the office, and the 
filing of such resignation and acceptance in the office of the dis- 
trict clerk shall be a bar to the recovery of either penalty in this f^|];;s^°frs 
section mentioned; or such resignation may be made to and pe^'j^'it^ ''^ 
accepted by a district meeting. 

ARTICLE 4 
Of the duties of tlie distinct cleric and treasurer 
§ 34 It shall be the duty of the clerk of each school district: Duties of 

"^ ^ clerk 

1 To record the proceedings of all meetings of the voters of 

his district in a book to be provided for that purpose by the Keewdof 

•^ J. i ./ proceeclinj^s 

district, and to enter therein true copies of all reports made by and repuns 
the trustee or trustees to the school commissioner. 

2 To "ive notice, in the manner prescribed by the sixth section Notice of 
of this title, or by the inhabitants, pursuant to such section, of 

the time and place of holding special district meetings called by 
the trustee or trustees. 

3 To affix a notice in writing of the time and place of any 
adjourned meeting, when the meeting shall have been adjourned 
for a longer time than one month, in at least five of the most 
public places of such district, at least five days before the time 
appointed for such adjourned meeting. 

4 To give the like notice of every annual district meeting. 

5 To give notice immediately to every person elected or Notice to 
appointed to office of his election or appointment; and also to ^"'''*f,'^t^?J 
report to the town clerk of the town in which the school-house 

of his district is situated, the names and post-office addresses of uames^°nd 
such officers, under a penalty of five dollars for neglect in each ^ 
instance. 

C To notify the trustee or trustees of every resignation duly 
accepted by the school commissioner. 

7 To keep and preserve all records, books and papers belong- t^f,^ 1'^;;';,^. 
ing to his office and to deliver the same to his successor. For a recoi'df ""* 
refusal or neglect so to do, he shall forfeit fifty dollars for the 
benefit of the school or schools of the district, to be recovered by 
the trustees. 

S Tn case his district shall be dissolved, to obey the order of of'^ecor'if 
the school commissioner or commissioners as to depositing the uLuictr''* 
books, papers and records of his office in the tow^n clerk's office. 

9 To attend all meetings of the board of trustees when noti- at"trast1e''® 
fied, and keep a record of their proceedings in a book provided "^®'"'^* 
for that purpose. 



Notice of 
resigna- 
tions 



46 Consolidated school law 

TITLE t 

Calling 10 To call special meetings of the inhabitants whenever all 

special *■ 

meetings ^hc trustees of the district shall have vacated their office. 
frc%m'p- ^^ "^^^ records, books and papers belonging or appertaining 
tric^ts^ '^'^' to the office of the clerk of any school district, as in this section 

mentioned, are hereby declared to be the property of said school 
^fspecuon district respectively, and shall be open for inspection by any 

qualified voter of the district at all reasonable hours, and any 

such voter may make copies thereof. 
hiTauaM' § S5 The treasurer of a school district shall be the custodian 

of all moneys belonging to the district from whatever source 
llToyfr^° derived, and it is hereby made the duty of the trustee or trustees 
"reasM^** of such district to pay to such treasurer any and all moneys that 

may come into his or their hands belonging to such district 

derived from sales of personal or real property of the district, 

from insurance policies, from bonds of the district issued and 
Collector to soM by him or them, or from any other source whatsoever. The 
moneys colloctor of such district shall pay over to such treasurer all 

moneys collected by him under and by virtue of any tax list 
Mayde- and Warrant issued and delivered to him. Such treasurer is 

man'l and 

Tbuo® hereby authorized and empowered to demand and receive from 
moneys i]^q supervisor of the town in which such school district is 
Treasurers gjtnated all pubHc money apportioned to said district. It shall 
be the duty of such treasurer within ten days after notice of his 
election to execute and deliver to the trustee or trustees of such 
district, his bond in such sum as shall have been fixed by a dis- 
trict meeting or as such trustee or trustees shall require, with 
at least two sureties to be approved by such trustee or trustees, 
conditioned to faithfully discharge the duties of his office, and to 
well and truly account for all moneys received by him, and to 
pay over any sum or sums of money remaining in his hands to 
his successor in office. Such bond when so executed and 
approved in writing by such trustee or trustees shall be filed 
Dibburso- with the district clerk. No moneys shall be paid out or dis- 

ments, how '' t^ 

made burscd by such treasurer except upon the written orders of a 

?e!.^°pts°ind s^'g trustee, or a majority of the trustees. Such treasurer shall, 
mentr^" whcuevor required by such trustee or trustees, report to him or 
them a detailed statement of the moneys received by him, and 
his disbursements, and at the annual meeting of such district he 
shall render -a full account of all moneys received by him and 
from what source, and when received, and all disbursements 
made by him and to whom and the dates of such disbursements 
respectively, and the balance of moneys remaining in his hands. 



Meetings in common school DiSTRiora 47 

TITLE 7 

ARTICLE 5 ' 
Of pupils and teachers 
§ 86 Common schools in the several school districts of this Admission 

of pupils to 

state shall be free to all persons over five and under twentv-one common 

' ■ schools 

years of age residing in the district as hereinafter provided; but 
Qon-resideiits of a district, if otherwise competent, may be 
admitted into the school of a district, with the written consent 
of the trustees, or of a majority of them, upon such terms as the 
trustees shall prescribe; provided that if such non-resident taxation of 

noil res i- 

pupils, their parents or guardians, shall be liable to be taxed ^^ut^g 
for the support of said schools in the district, on account of own- 
ing property therein, the amount of any such tax paid by a non- 
ret-ident pupil, his parent or guardian, during the current school 
jcai, shall be deducted from the charge for tuition. 
* § 37 If a school district include a portion of an Indian reserva- Adnnssjou 

^ or Indian 

tion, whereon a school for Indian children has been established p"p"^ 
by the superintendent of public instruction, and is taught, the 
schcol of the district is not free to Indian children resident in 
the district or on the reservation, nor shall they be admitted to 
such school except by the permission of the superintendent. 

*^ 88 No teacher is qualified, within the meaning of this act, ^lonsof*" 
who does not possess an unanniilled diploma granted by a state *®'^''''^" 
normal school, or an unrevoked and unannulled certificate of 
qualification given by the superintendent of public instruction, 
or an unexpired certificate of qualification given by the school 
commissioner within whose district such teacher is employed. 
No person shall be deemed to be qualified who is under the age 
of eighteen years. 

§ 39 No part of the school moneys apportioned to a district un''™''nfied' 
can be applied or permitted to be applied to the payment of the prohlbued 
wages of an unqualified teacher, nor can his or her wages, or 
any part of them, be collected by a district tax. 

§ 40 Any trustee who applies, or directs, or consents to thePenfUyfor 
o ^ L c 7 7 such pay- 

application of any such money to the payment of an unqualified '''^'^'' 
teacher's wages, thereby commits a misdemeanor; and any fine 
imposed upon him therefor shall be for the benefit of the com- 
mon schools of the district. 

§ 41 Teachers shall keep, prepare and enter in the books pro- Jl^'^^jf^fg [,^ 
Tided for that purpose, the school lists and accounts of attend- |«endance, 
ance hereinafter mentioned, and shall be responsible for their 
safe-keeping and delivery to the clerk of the district at the close 
of their engagements or terms. 

♦ As amended by section 6, chapter 864, laws of 1896, 



f(ir|n)' a- 
tioii 



Sol(> inis- 

tft', Ills 



48 C0NS0Lir3ATB'D SCHOOL LAW 

TITLE 7 

ARTICLE 6 

Of irustccSf ihcir powers and duties; and of scJiool taxes and 

annual reports 

trulum § 42 The ii'iistee or trustees of every school district, whether 

there is one, or are three trustees, as hereinbefore provided, 
shall constitute a board for each of said districts respectively, 
and each of said boards are hereby severally created bodies 
corporate. 

bM^rH as*n § ^^ ^^^ property which is now vested in, or shall hereafter 
be transferred to the trustee or trustees of a district, for the use 
of schools in the district, shall be held by him or them as a 
corporation. 
§ 44 A board consisting of a sole trustee of the district shall 

diuK.r ^'"^ liiive all the powers, and be subject to all the duties, liabilities 
and penalties conferred and imposed by law upon or against a 
board of three trustees or any trustee or trustees, or a majority 
of the trustees of said board having three trustees of a district. 

UM^^on u.j § ^^ '^^^ trustee or trustees of a district compose a board,. 

by boai.1 rjjj^i every power committed to said trustees by this act must be 
exercised by the board. The board must meet for the trans- 
action of business in accordance with notice of time and place. 

^i?ms!"'io., ^" '^ board composed of three trustees when two only meet to 

tec'sTauIi"*" deliberate upon any matter or matters, and the third, if notified, 
does not attend, or the three meet and deliberate thereon, the 
conclusion of two upon the matter, and their order, act or pro- 
ceeding in relation thereto, shall be as valid as though it were 

tiunir* the conclusion, order, act or proceeding of the three; and a 

evuiiiifo i-eeital of the two in their minute of the conclusion, act or pro- 
ceeding, or in their order, act or proceeding of the fact of such 
notice, or of such meeting and deliberation, shall be conclusive 

Meeiinp evidence thereof. A meeting of the board may be ordered bv 

ciilioil by ° 

ftuy mom- .^j^y juouiber tlicreof, by giving not less than twenty-four hours^ 

notice of the same. 

trust ol'i''"^ § 4G While there is one vacancy in the office of trustee, the 

I'asooi'va- two trustecs have all the powers and are subject to all the 

duties and liabilities of the three. And while there are two 

such vacancies, the trustee in office shall have all the power 

and be subject to all the duties and liabilities of the three, as 

nriui'nss though he were a sole trustee. When a vacancy or vacancies 

u™»m- gij.^ij ^^,^,^^^. jjj u^g ^^i^^^.p ^^ trustee, the first act of the board 

shall be to call a s])ecial meeting of the district to supply such 
vacancy or vacancies. 



Meetings in common school districts 4^ 

TITLE 7 

§ 47 It shall be the duty of the trustee or trustees of every »«*'?« of 

" trustees 

school district, and they shall have power: 

1 To call special meetings of the inhabitants of such districts ^"g^g'^/fj 
whenever they shall deem it necessary and proper. 

2 To give notice of special, annual and adjourned meetings Notice of 

,, .,T.,.,, . meetings. 

in the manner prescribed in the sixth section of this title, if 
there be no clerk of the district, or he be absent or incapable 
of acting, or shall refuse to act. 

3 To make out a tax-list of every district tax voted by any Taxiist 
such meeting, or authorized by law, containing the names of 

all the taxable inhabitants residing in the district at the time 
of making out the list, and the amount of tax payable by each 
inhabitant, set opposite to his name, as directed in the seventh 
article of this title. 

4 To annex to such tax-list a warrant, directed to the col- waimut to 

collector 

lector of the district, for the collection of the sums in such list 
mentioned. 

5 To purchase or lease a site or sites for the district school- rease!'efc.'. 
house or school-houses, as designated by a meeting of the dis- houses''etc. 
trict; and to build, or purchase such school-house or houses as 

may be so designated; and to hire rooms or buildings for such 
school purposes, and to keep in repair and furnish such school- f^fPjftuil'** 
house or houses, rooms or buildings with necessary fuel, furni- 
ture, school apparatus, heating apparatus and appendages, and 
to pay the expense thereof by tax, but such expense shall not 
exceed fifty dollars in any one year, unless authorized by the 
district or by law. 

6 To have the custody and safe-keeping of the district school- property"^ 
house or houses, their sites and appurtenances. 

7 When thereto authorized by a meeting of the district to nfsdfont^ 
insure the school-house or houses, and their furniture, and the palatusr^' 
school apparatus in some company created by or under the laws 

of this state, and to comply with the conditions of the policy, 
and raise the premiums by a district tax. If the district meet- 
ing shall neglect 'to make such authorization, it shall be the 
duty of the trustee or trustees to insure such school-house or 
houses, and their furniture and school apparatus, and the pre- 
miums paid shall be raised by district tax. 

8 To insure the school library in such a company in a sum ^fX^aiT 
fixed by a district meeting, and to raise the premium by a 
district tax, and com]>ly with the conditions of the policy. 

*9 To contract with and employ all teachers in the district StITf 
school or schools as are qualified under the provisions of this 
act, and to designate the number of teachers to be employed; to 

♦Ao amended by section 9, chapter 264, laws of 1S96. 

4 



50 



OONSOLIDATBD SCHOOL LAW 



TITLE 7 



Term of 
-employ- 
meat 



©ismissal of 
teachers 



Revocation 
•of certifl- 
•cates 



■Claim for 
■wages 



Contracts 
for em- 
ployment 
of teachers 



Pay of 
teachers, 
when due 



determine the rate of compensation to be paid to each teacher) 
and the term of the employment of each teacher, respectively, 
and to determine the terms of school to be held in their respec-i 
live districts during each school yearj but no person who is 
related to any trustee or trustees by blood or marriage shall be 
so employed, except with the approval of two-thirds of the voters 
of such district present and voting upon the question at an 
annual or special meeting of the district. Nor shall the trus- 
tees of any school district make any contract for the employ- 
ment of a teacher for more than one year in advance. Nor shall 
any trustee or trustees, employ any teacher for a shorter time 
than ten weeks unless for the purpose of filling out an unex- 
pired term of school. Nor shall any trustee or trustees contract 
with any teacher whose certificate of qualification shall not 
cover a period at least as long as that covered by the contract 
of service. Nor shall any teacher be dismissed in the course of 
a term of employment, except for reasons which, if appealed to 
the superintendent of public instruction, shall be held to be suf- 
ficient cause for such dismissal. Any failure on the part of a 
teacher to co'mplete an agreement to teach a term of school with- 
out good reason therefor shall be deemed sufficient ground for 
the revocation of the teacher's certificate. Any person employed 
in disregard of the foregoing provisions shall have no claim for 
wages against the district, but may enforce the specific contract 
made against the trustee or trustees consenting to such employ- 
ment as individuals. 

*10 All trustees of school districts who shall employ any 
teacher to teach in any of said districts shall, at the time of 
such employment, make and deliver to such teacher, or cause 
to be made and delivered, a contract in writing, signed 
by said trustee or trustees, or by some person duly authorized by 
said trustee or trustees to represent him or them in the prem- 
ises, in which the details of the agreement between the parties, 
and particularly the length of the term of employment, the 
amount of compensation and the time or times when such 
compensation shall be due and payaJble shall be clearly and 
definitely set forth. The pay of any teacher employed in any 
of the school districts of this state shall be due and payable 
at least as often as at the end of each calendar month of the 
term of employment. 

11 To establish rules for the government and discipline of 
the schools in their respective districts; and to prescribe the 
course of studies to be pursued in such schools. Provision shall 



*As amended by section S, chapter 264, laws of 1896. 



Meetings in common school districts 51 

TITLK 7 

be made for instructing pupils in all schools supported bj ^?**u"?fs*jB 
public money, or under state control, in physiology and hygiene, I'ndly"^'' 
with special reference to the effect of alcoholic drinks, stimu- ^'^^^ 
lants and narcotics upon the human system. 

12 To pay, towards the wages of such teachers as are quali- fea^.™e^M-^" 
fied, the public moneys apportioned to the district legally ap- ^*^^^ 
plicable thereto, by giving them orders therefor on the super- 
visor, or on the collector or treasurer of such district when 

duly qualified to receive and disburse the same, arid to collect, 

as herein provided, the residue of such wages by direct tax. 

But no trustee shall issue any order or draw a draft upon a ^,''„^u%/*"' 

supervisor, collector or treasurer for any money unless there isiliT ''''' *** 

shall be at the time a sufficient amount of money in the hands 

of such supervisor, collector or treasurer belonging to the 

district, to meet such order or draft, and a violation of this 

provision by any trustee shall be a misdemeanor and punishable meanor 

as such. If, at the time of the employment of a qualified teacher 

for a term of school, there shall be no public moneys in the pjfteacil*'^ 

hands of the supervisor, collector or treasurer applicable to ®'"^' '^'^^''^ 

the payment of teachers' wages, or if there shall not be a 

sufficient amount in the hands of either or all such officers 

to enable the trustee or trustees to pay the teachers' wages as 

they fall due, and the district meeting has failed or neglected 

to authorize a tax to pay the same, the trustee or trustees of 

such school district are hereby authorized and empowered, and 

it shall be their duty, to collect by district tax an amount 

sufficient to pay the wages of such teacher for such term, but 

not to exceed four months in advance. 

13 To divide such public moneys apportioned to the district, ^ibu!?''"^ 
whenever authorized by a vote of their district into two or eachYerm^ 
more portions for each year; to assign and apply one of such 
portions to each term during which a school shall be kept in 

such district, for the payment of teachers' wages during such ^f°SS& 
term; and to collect the residue of such wages not paid by the byTal'^^ 
proportion of- public money allotted for that purpose, by district 
tax as herein provided. 

14 To draw upon the supervisor, the collector or treasurer, ^rawing oe 
when duly qualified to receive and disburse the same, for the 
school and library moneys, by written orders signed by the 

sole trustee, or where there are three trustees, signed by a 
majority of said trustees as prescribed by subdivisions one and 
two of section four of title three of this act. 

13 After having paid toward the wages of such teachers as Tax for 

^ r o balat ce or 

are qualified, the public moneys o^ the district legally apph-^ases 



52 



OONSOLIDATEiD SCHOOL LAW 



TITLE 7 



Orders on 
collector 
and treas- 
turer 



When f or- 
(bidden 



Water- 
closets 



Expense 
and tax 
therefor 



Stairways 
■on outside 
■of biiild- 
dngs 



Trustees to 
cause same 
to be con- 
structed, 
«tc. 



Repali-s to 
school- 
tiouscs and 
apparatus 



cable thereto, by giving them orders on the supervisor, collector 
or treasurer therefor, to collect the residue of such wages by a 
district tax, or, if the same shall have been already collected, to 
give such teacher an order on the collector or treasurer for the 
balance of his or her wages still remaining unpaid. But it shall 
be a misdemeanor, and punishable as such, for a trustee or 
trustees to give an order upon the collector or treasurer unless 
there shall be in the hands of said collector or treasurer, at the 
time, sulScient money belonging to the district to meet the saLne. 

§ 48 The trustee or trustees in the several school districts 
shall provide suitable and convenient water-closets or privies for 
each of the schools under their charge, at least, two in number, 
which shall be entirely separated each from the other, and 
having separate means of access, and the approaches thereto 
shall be separated by a substantial close fence not less than 
seven feet in height. It shall be the duty of the trustee or 
trustees aforesaid to keep the same in a clean and wholesome 
condition, and a failure to comply with the foregoing provisions 
of this section on the part of such trustee or trustees, shall be 
suflticient ground for his or their removal from office, and for 
withholding from the district any share of the public moneys 
of the state. Any expense incurred by such trustee or trustees 
in carrying out the requirements of this act shall be a charge 
upon the district, when such expense shall have been approved 
by the school commissioner of the district within which the 
school district is located, and a tax may be levied therefor 
without a vote of the district. 

§ 49 All school buildings situated in the school districts of 
the state, other than in the cities of New York and Brooklyn, 
which are more than two stories high, shall have properly con- 
structed stairways on the outside thereof, with suitable door- 
ways leading thereto, from each story above the first, for use 
in case of fire. Such stairways shall be kept in good order and 
free from obstruction. It shall be the duty of the trustee or 
trustees having charge of said school buildings in school dis- 
tricts to cause such stairways to be constructed and maintained, 
and the reasonable and proper cost thereof, shall, in each case, 
be a legal charge upon the district, and shall be raised by tax, 
as other moneys are raised for school purposes. 

§ 50 The trustee or trustees of each school district shall keep 
each of the school-houses under his or their charge, and its fur- 
niture, school apparatus and appendages, in necessary and 
proper re])air, and make the same reasonably cnrrfortable for 
use. but not at an expense of exceeding fifty dollars in any one 
year, except by a vote of the district. Said trustee or trustees 



MlCDTlXGS IX COMMON SCHOOL DISTRICTS 53 

TITLE 7 

*<liall also expend a sum iiot exceeding tifty dollars, in the erec- outbund 
tion of necessary outbuildings, when the district is wholly un- 
provided with such buildings, upon the direction of the school 
"Commissioner in whose district such school-house is situated, 
or of the superintendent of public instruction. Sal<i trustee or 
trustees shall also make any repairs and abate any nuisances, Nuisances 
pursuant to the direction of the school commissioner' as herein- 
before ])rovided, and shall provide fuel, stoves or other heating Fuel. etc. 
apparatus, pails, brooms and other implements necessary to 
keep the school-house or houses and the school-room or rooms 
clean, and make them reasonably comfortable for use, when no cleaning 
provision has been made therefor by a vote of the district, or'^""™^ 
tbe sum voted by the district for said purposes shall have proA^ed 
insufficient. Said trustee or trustees shall also provide for 
building fires and cleaning the school-room or rooms, and for janitor's 
janitor work generally in and about the school-house or houses, ^"''^ 
and pay for such service such reasonable sum as may be agreed 
ui>()n therefor. Thev shall provide the bound blank-books for Account 

' •• ' books 

the entering of their accounts and the keeping of the school- 
lists, the records of the district and the proceedings of district oictiona 

ries, scluiol 

and trustee meetings, and they may expend m the purchase of apparatus, 
dictionary, maps, globes or other school apparatus, a sum not 
exceeding twenty-five dollars in any one year. Whenever it shall 
be necessarv for the due accommodation of the children of the Temporary 

" or branch 

district, by reason of any considerable number of said children f^'^^J- 
residing in portions of said districts remote from the school- 
house in said district, thereby rendering it difficult for them in 
inclement weather and in winter to attend school at such school- 
house, or by reason of the room or rooms in said school-house 
being overcrowded, or for any other sufficient reason the due 
accommodation of said children can not be made in said school- 
house, they shall establish temporary or branch school or schools 
in such place or places in said district as shall best accommo- 
date such children, and hire any room or rooms for the keeping 
of said temporary or branch school or schools, and fit up and 
furnish said room or rooms in a suitable manner for conduct- 
iuL-- such school or schools therein. Anv expenditure made or District 

'^ €.1. charges 

liability incurred in pursuance of this section shall be a charge 
upon the district. 

? TjI When trustees are required or authorized by law, or bv ^^iay,''aise 

"^^ ^ ^1 « a,ny legal 

a vote of their district, to incur any expense for such district, ^^'^'^^^^^ 
and when any expenses incurred by them are made, by express 
provision of law, a charge upon such district, they may raise 
the amount thereof by tax in the same manner as if the definite 
sum to be raised had been voted by a district meeting. 



54 



Consolidated school law 



TITLE 7 

Use of 
school- 
house by 
others 



Account 
books to be 
kept 



Teachers' 
records 



Verifica- 
tion of 
entries 



Withhold- 
ing of pay 



Notification 
of naoneys 
withheld 



Annual 
report to 
districts 



Payment of 
balances to 
successors 



§ 52 Tlie trustees, or any one of them, if not forbidden by 
anotlier, may freely permit the school-house, when not in use 
for the district school, to be used by persons assembling therein 
for the purpose of giving and receiving instruction in any branch 
of education or learning, or in the science or practice of music. 

§ 53 They shall procure two bound blank books for the dis- 
trict and, when necessary, others in their places. In one of 
them, at or before each annual district meeting, they shall enter 
at large and sign a statement of all movable property belonging 
to the district, and their accounts of all moneys received or 
drawn for or paid by them, and they shall deliver this book to- 
their successors. In the other, the teacliers shall enter the 
names of the pupils attending school, their ages, the names of 
the persons who send them, and the numbei* of days each pupil 
attends; and, also, the facts and the dates of each inspection 
of the school by the school commissioner or other official visitor, 
and any other facts, and in such form as the superintendent of 
public instruction shall require; and each teacher shall, by his 
oath or affirmation, verify his entries in such book, and the 
entries shall constitute the school lists from which the average 
daily attendance shall be determined; and such oath or affirma- 
tion may be taken by the district clerk, but without charge. 
Until the teacher shall have so made and verified such entries, 
the trustees shall not draw on the supervisor, collector or treas- 
urer for au}^ portion of his or her wages. 

§ 54 If any portion of the moneys apportioned to the district 
shall not be paid by the supervisor, the collector or treasurer, 
upon the due requirement of the trustees, they shall forthwith 
notify the treasurer of the county, and the superintendent of 
public instruction, of the fact. 

§ 55 The trustees shall, once in each year, render to the dis- 
trict, at its annual district meeting, a just, full and true account 
in writing, under their hands, of all moneys received by them 
respectively for the use of the district, or raised or collected by 
taxes, the preceding year, and of the manner in which the same 
shall have been expended, and showing to which of them an 
unexpended balance, or any part thereof, is chargeable; and of 
all drafts or orders made by them upon tlie supervisor, collector, 
treasurer or other custodian of moneys of the district; and a full 
statement of all appeals, actions or suits and proceedings brought 
by or against them, and of every special matter touching the 
condition of the district. 

§ 56 An outgoing trustee shall forthwith pay, to his successor 
OP any other trustee of the district in office, all unexpended 
moneys in his hands belonging to the district. 



Meetings in common school districts 55 

TITLE 7 

§ 57 By a willful neglect or refusal to render such account, Sif^f^^^^^^J 
trustee also forfeits any unexpired term of Ms office, and be- ^<=°°'^'^*' 
-comes liable to the trustees for any district moneys in his hands. 

§ 58 The trustees in office shall sue for and recover any dis-smngof 
trict moneys in the hands of any former trustee, or of his per- ^''^^'^^^^ 
sonal representatives, and apply them to the use of the district. 

§ 59 The trustees of each school district shall, on the first Annual^ 
day of August in each year, make to the school commissioner a ^{^'S™'^ 
report in writing for the year ending July thirty-first pre- 
ceding. In every case the trustee or trustees shall sign and 
certify to said report and deliver it to the clerk of the town, in uemsot 
which the school-house of the district is situated; and every 
such report shall certify: 

1 The w^hole time any school has been kept in their district whoie time 

•^ -•- school has 

during the year ending on the day previous to the date of such ^^en kept, 
report, and distinguishing what portion of the time such school 
has been kept by qualified teachers, and the whole number of 
days, including holidays, in which the school was taught by 
qualified teachers. 

2 The amount of their drafts upon the supervisor, collector Amount of 
or treasurer for the payment of teachers' wages during such i^ayments 
year, and the amount of their drafts upon him for the purchase 

of books and school apparatus during such year, and the manner 
in which such moneys have been expended. 

8 The number of children taught in the district school or Attenftance 

^ of cbildreu 

schools during such year by qualified teachers, and the sum of 
the days' attendance of all such children upon the school. 

4 The number of children residing in the district on theNumbprof 

'^ children, 

thirtieth day of June previous to the making of such report, andnamesof 
the names of the parents or other persons with whom such*^^*^- 
children did respectively reside, and the number of children 
residing with each. 

5 The number of vaccinated and unvaccinated children of vaccina- 

tion 

school age in their respective districts. 

6 The amount of money paid for teachers' wages, in addition Amount of 

paymentsi 

to the public money paid therefor, the amount of taxes levied and taxes 
in said district for purchasing school-house sites, for building, 
hiring, purchasing, repairing and insuring school-houses, for 
fuel, for school libraries, or for any other purpose allowed by 
law, and such other information in relation to the schools and 
the district as the superintendent of public instruction may, 
from time to time, require. 

§ 60 The annual reports of trustees of school districts, of PJ^JJI^^^;^ m 
children residing in their district, shall include all over fivC^P"'"'^ 



56 



OONSOLIDATEiD SCHOOL LAW 



Report of 
joint dis- 
tricts 



and under twenty-one years of age, who shall have been, on the 
thirtieth day of June last preceding the date of such report, 
actually in the district, comprising a part of the family of their 
parents or guardians or employers, if such parents, guardiaus 
or employers resided at the time in such district, although such 
residence was temporary; but such report shall not include 
children belonging to the family of any person who shall be 
an inhabitant of *any other district in this state, in which such 
children may by law be included in the report of its trustees; 
nor any children who are supported at a county poor-hoiise 
or an orphan asylum; nor any Indian children residing on 
reservations where schools provided by law for their education 
are taught. 

§ 61 Where a school district lies in two or more counties, 
its trustees shall make such an annual report for each part of 
it lying in a diiferent county, and file each in the office of the 
clerk of the town in which the part of the district to which it 
especially relates lies; and such report shall be in the form 
and contain all such special matters as the superinteudc-ut of 
public instruction shall from time to time prescribe. 



Assess- 
ment and 
tax list 
therefor 



Heading on 
tax-list 



Taxes, how 
appor- 
tioned and 
assessed 



Land lying 
In one 
body 



ARTICLE 7 

Of tlie assessment of district taxes, and tJie collection of such 
taxes; and of the collector, his powers, duties and liabilities 

§ 62 Within thirty days after a tax shall have been voted 
by a district meeting, the trustees shall assess it, and make 
out the tax-list therefor, and annex thereto their warrant for 
its collection. But they may at the same time assess two or 
more taxes so voted, and any tax or taxes they are authorized 
to raise without such vote, and make out one tax-list and one 
warrant for the collection of the whole. They shall also prefix 
to their tax-list a heading showing for what purpose the differ- 
ent items of the tax are levied. 

§ 63 School district taxes shall be apportioned by the trustees 
upon all real estate within the boundaries of the district which 
shall not be by law exempt from taxation, except as hereinafter 
provided, and such property shall be assessed to the person or 
persons, or corporation owning or possessing the same at the 
time such tax-list shall be made out, but land lying in one body 
and occupied by the same person, either as owner or agent for 
the same principal, or as tenant under the same landlord, if 
assessed as one lot on the last assessment-roll of the town after 
revision by the assessors, shall, though situated partly in two 
or more school districts, be taxable in that one of them in 



Meetings ix common school districts 5 4 

TITLE 7 

which such occupant resides. This rule shall not apply to 
land owned by non-residents of the district, and which shall not Konresi 

^ ' dent lands 

be occupied by an agent, servant or tenant residing in the dis- 
trict. Such unoccupied real estate shall be assessed as non- 
resident, and a description thereof shall be entered in the tax 
list. The trustees shall also apportion the district taxes upon 
all persons residing in the district, and upon all corporations ^^^^^^^^ 
liable to taxation therein, for the personal estate owned by 
them and liable to taxation. They shall also apportion the same Bank 
upon non-resident stockholders in banks or banking associations 
situated in their districts for the amount of stock owned by 
them therein, and upon individual bankers doing business in 
their district in accordance with the provisions of chapter four 
hundred and nine of the laws of eighteen hundred and eighty- 
two, as amended b}' sections two, three and four of chapter 
seven hundred and fourteen of the laws of eighteen hundred 
and ninety-two. 

§ ()4 The valuations of taxable property shall be ascertained, oftexaul 
so far as possible, from the last assessment-roll of the town, p^^^p^'^^ 
after revision by the assessors; and no person shall be entitled 
to any reduction in the valuation of such property, as so ascer- 
tained, unless he shall give notice of his claim to such reduction 
in writing to the trustees of the district before the tax list ehall 
be made out. 

§ 65 Where such reduction shall be duly claimed and where Reduction, 

«- ''of valua- 

the valuation of taxable property can not be ascertained from "o^^ 
the lc«t assessment-roll of the town, or where the valuation of 
such property shall have increased or diminished, since the last 
assessment-roll of the town, or an error, mistake or omission 
on the part of the town assessors shall have been made in the f^^^^^i^- 
description or valuation of taxable property, the trustees shall f^^]'ff/it°^ 
ascertain the true value of the property to be taxed from the ^^'^'^^'^ 
best evidence in their power, giving notice to the persons inter- 
ested, and proceeding in the same manner as the town assessors 
are required by law to proceed in the valuation of taxable 
property, the hearing of grievances, and the revision of the town 
assessment-roll. 

§ 66 When a district embraces parts of more than one town, ^J*p'|;.°f3o, 
it shall be the duty of the supervisors of such towns so in 
part embraced and they are hereby directed, upon receiving a 
written notice from the trustee or trustees of such district, or 
from three or more persons liable to pay taxes upon real estate 
therein, to meet at a time and place to be named in such 
notice, which time shall not be less than five or more than 
ten daj's from the service thereof, and a place within the bounds 



58 



Consolidated school law 



Assessment 
«f tax 
thereafter 



Provisions 
in case of 
non-agree- 
ment 



Compensa- 
tion of 
supervisors 



Persons 
worlring 
land on 
■sliares or In 
possession 
•toy contract 



Non-resl- 
-dents 
having 
agents, etc. 
on laud 



Tenants 
5)aylng tax 



■Exemption 
of certain 
persons 
irom taxa- 
tion 

for sf hool- 
liou=cs 



of the towns so in part embraced, and proceed to inquire and 
determine, whether the valuation of real property upon the 
several assessment-rolls of said towns are substantially just, as 
compared with each other, so far as said districts are concerned, 
and if ascertained not to be so, they shall determine the relative 
proportion of taxes that ought' to be assessed upon the real 
property of the parts of such district lying in different towns, 
and the trustees of such district shall thereupon assess the 
proportion of any tax thereafter to be raised, according to the 
determination of such supervisors, until new assessment-rolls of 
the town shall be perfected and filed, using the assessment-rolls 
of the several towns to distribute the said proportion among 
the persons liable to be assessed for' the same. In cases when 
such supervisors shall be unable to agree, they shall summon 
a supervisor from some adjoining town, who shall unite in such 
inquiring, and the finding of a majority shall be the determina- 
tion of such meeting. Such supervisors shall receive for their 
services three dollars per day for each day actually employed 
which shall be a town charge upon their respective towns. 

§ 67 Any person working land under a contract for a share 
of the produce of such land, shall be deemed the possessor, so 
far as to render him liable to taxation therefor, in the district 
where such land is situate, and any person in possession of 
real property under a contract for the purchase thereof shall 
be liable to taxation therefor in the district where such real 
property is situate. 

§ 68 Every person owning or holding any real property within 
any school district, who shall improve and occupy the same by 
his agent or servant, shall, in respect to the liability of such 
property to taxation, be considered a taxable inhabitant of 
such district, in the same manner as if he actually resided 
therein. 

§ 69 Where any district tax, for the purpose of purchasing a 
site for a school-house, or for purchasing or building, keeping in 
repair, or furnishing such school-house with necessary fuel and 
appendages, shall bf lawfully assessed, and paid by any person 
on account of any real property whereof he is only a tenant at 
will, or for three years, or for a less period of time, such tenant 
may charge the owner of such real estate with the amount of the 
tax so paid by him, unless some agreement to the contrary shall 
have been made by such tenant. 

§ 70 Every taxable inhabitant of a district who shall have 
been, within four years, set off from any other district, without 
his consent, and shall within that period, have actually paid in 



Mbbtings in common school districts 59' 

TITLE 7 

such other district, under a lawful assessment therein, a district 
tax for building a school-house, shall be exempted by the 
trustees of the district where he shall reside, from the payment 
of any tax for building a school-house therein. 

§ 71 When any real estate within a district so liable to ^^axes on 

" non-vesi- 

taxation shall not be occupied and improved by the owner, his '^'^'^tiaucis 
servant or agent, and shall not be possessed by any tenant, the 
trustees of any district, at the time of making out any tax-list 
by which any tax shall be imposed thereon, shall make and 
insert in such tax-list a statement and description of every such 
lot, piece or parcel of land so owned by non-residents therein, 
in the same manner as required by law from town assessors in 
making out the assessment-roll of their towns: and if any such incorpo- 

'^ ' '' rated com- 

lot is known to belong to an incorporated company liable to paJ^'es, ete, 
taxation in such district, the name of such company shall be 
specified, and the value of such lot or piece of land shall be set 
down opposite to such description, which value shall be the 
same that was aflSxed to such lot or piece of land in the last 
assessment-roll of the town; and if the same was not separately 
valued in such roll, then it shall be valued in proportion to the 
valuation which was affixed in the said assessment-roll to the 
whole tract of which such lot or piece shall be part. 

§ 72 If any tax on real estate placed upon the tax-list and ^^*^yij of 
duly delivered to the collector, or the taxes upon non-resident eofilctor 
stockholders in banking associations organized under the laws 
of congress, shall be unpaid at the time the collector is re- 
quired by law to return his warrant, he shall deliver to the 
trustees of the district an account of the taxes remaining due, 
containing a description of the lands upon which such taxes 
were unpaid as the same were placed upon the tax-list, together 
with the amount of the tax so assessed, and upon making oath 
before any justice of the peace or judge of court of record, 
notary public or any other officer authorized to administer 
oaths, that the taxes mentioned in any such account remain 
unpaid, and that, after diligent efforts, he has been unable to 
collect the same, he shall be credited by said trustees with the 
amount thereof. 

§ 78 Upon receiving any such account from the collector, the ^^^"f^,| 
trustees shall compare it with the original tax-list, and, if they sSon uJereof 
find it to be a true transcript, they shall add to such account trea°su?er ~ 
their certificate, to the effect that they have compared it with 
the original tax-list and found it to be correct, and shall imme- 
diately transmit the account, affidavit and certificate to the 
treasurer of the countv. 



Consolidated school law 



TITLE 7 

Amount of 
•unpaiil 
taxes to be 
paid col- 
lector 



•Collection 
of unpaid 
"taxes 



Payment 
before levy 
of tax 



Proceefllng 
lor crvllec- 
tiisn of un- 
paid taxes 



*§ 74 Out of any moneys in the county treasury, raised for 
contingent expenses, or for the purpose of paying the amount 
of the taxes so returned unpaid, the treasurer shall pay to the 
collector the amount of the taxes so returned as unpaid, with 
one per centum of the amount in addition thereto, for the com- 
pensation of such collector, and if there are no moneys in the 
treasury applicable to such purpose, the board of supervisors, at 
the time of levying said unpaid taxes, as provided in the next 
section, shall pay to the collector of the school district the 
amount thereof, with said addition thereto, by voucher or draft 
on the county treasurer, in the same manner as other county 
charges are paid, and the collector shall be again charged there- 
with by the trustees. 

§ 75 Such account, affidavit and certificate shall be laid by 
the county treasurer before the board of supervisors of the 
county, who shall cause the amount of such unpaid taxes, with 
seven per cent of the amount in addition thereto, to be 
levied upon the lands upon which the same were imposed; and 
if imposed upon the lands of any incorporated company, then 
upon such company; and when collected the same shall be re- 
turned to the county treasurer to reimburse the amount so 
advanced, with the expenses of collection; and if imposed upon 
the stock of a non-resident stockholder in a banking association 
organized under the laws of congress, then the same, with seven 
per cent of the amount in addition thereto, shall be a lien upon 
any dividends thereafter declared upon such stock, and, upon 
notice by the board of supervisors to the president and directors 
of such bank of such charge upon such stock, the president 
and directors shall thereafter withhold the amount so stated 
from any future dividends upon such stock, and shall pay the 
same to the collector of the town duly authorized to receive the 
same. 

t§ 76 Any person whose lands are included in any such account 
may pay the tax assessed thereon, with five per centum added 
thereto, to the county treasurer, at any time before the board of 
supervisors shall have directed the same to be levied. 

§ 77 The same proceedings in all respects shall be had for the 
collection of the amount so directed to be raised by the board 
of supervisors as are provided by law in relation to the county 
taxes; and, upon a similar account, as in the case of county 
taxes of the arrears thereof uncollected, being transmitted by 
the county treasurer to the comptroller, the same shall be paid 



♦As amended by section 4, chapter 512, laws of 1897. 
+A3 amended by section 2, chapter 769, laws of 1S95. 



Meetings in common school districts 61 

TITLE 7 

on his warrant to the treasurer of the county advancing the 
game; and the amount so assumed by the state shall be collected 
for its benefit, in the manner prescribed by law in respect to the 
arrears of county taxes upon land of non-residents; or if any 
part of the amount so assumed consisted of a tax upon any 
incorporated company, the same proceedings may also be had 
for the collection thereof as provided by law in respect to the 
county taxes assessed upon such company. 

§ 78 The warrant for the collection of a district tax shall be t!>r''conec- 
under the hands of the trustees, or a majority of them, with or 
without their seals; and it shall have the like force and effect 
as a warrant issued by a board of supervisors to a collector of 
taxes in the town; and the collector to whom it may be delivered 
for collection shall be thereby authorized and required to collect 
from every person in such tax-list named the sum set opposite to 
his name, or the amount due from any person or persons speci- 
fied therein, in the same manner that collectors are authorized 
to collect town and county taxes. 

§ 79 A warrant for the collection of a tax voted by the dis- TOUeclOT 
triet shall not be delivered to the collector until the thirty -first 
■day after the tax was voted. A warrant for the collection of 
any tax not so voted may be delivered to the collector when- 
ever the same is completed. 

§ 80 Within such time, not less than ten days, as the trustees bonl*^''*'' ^ 
«hall allow him for the purpose, the collector, before receiving 
the first warrant for the collection of money, shall execute a bond 
to the trustees, with one or more sureties, to be approved by a 
majority of the trustees, in such amount as the district meeting 
shall have fixed, or if such meeting shall not have fixed the 
amount, then in such amount as the trustees shall deem reason- 
able, conditioned for the due and faithful execution of the duties 
of his office. The trustees, upon receiving said bond, shall, if fP^fll^ng 
they approve thereof, indorse their approval thereon, and forth- ^^^''^°^ 
with deliver the same to the town clerk of the town in which 
said collector resides, and said clerk shall file the same in his 
office, and enter in a book to be kept by him for that purpose, 
a memorandum, showing the date of said bond, the names of 
the parties and sureties thereto, the amount of the penalty 
thereof, and the date and time of filing the same, and said town 
€ierk is authorized to receive as a fee for such filing and memo- 
randum the sum of twenty-five cents, which sum is hereby made 
a charge against the school district interested in said bond; and oisbHrse- 
in case the trustees of any school district, other than those mo*neys'^°°' 
within the limits of any city or incorporated village, shall deem 



(52 



OONSOLIDATBiD SCHOOL LAW 



TITLE 7 



Collectors' 
bond to 
trustees 



Disburse- 
ment of 
moneys in 
districts 
having 
treasurer 



Notice of 
receivlug 
taxes 



Notice to 

railroad 

companies 

and nou- 

resideat 

taxpayers 



it for the best interests of the district or the public to have the 
collector of such district disburse to teachers the money 
apportioned by the state for teachers' wages, they shall so 
direct, by resolution to be entered upon the minutes of their 
proceedings, and thereupon the said collector, before receiving 
any such money for such purpose, shall execute a bond to the 
trustees, with two or more sureties, in double the amount ot 
the last apportionment, with like condition of sureties, approval 
of trustees, and amount and like directions as to filing as are 
required above for a bond for the collection of taxes, and con- 
ditioned also for the due and faithful execution of the duties^ 
of his ofiice as such disbursing agent. In districts in which a 
treasurer shall be elected as hereinbefore provided in this title, 
the collector shall not receive or disburse any of the money 
apportioned by the state for teachers' wages, but the same 
shall be paid by the supervisor to such treasurer as herein- 
before provided. 

*t 81 The collector, on the receipt 'Of a warrant for the col- 
lection of taxes, shall give notice to the taxpayers of the district 
by publicly posting written or printed, or partly written and 
partly printed notices in at least tbree public places in such 
district, one of which shall be on the outside of the front door 
of the school-house, stating that he has received such warrant 
and v/ill receive all such taxes as may be voluntarily paid to 
him within thirty days from the time of posting said notice. 
Such collector shall also give a like notice, either personally or 
by mail, at least twenty days previous to the expiration of the thirty 
days aforesaid, to the ticket agent at the nearest station of 
any railroad corporation, or the president, secretary, general or 
division superintendent or manager of any canal or pipe lines 
assessed for taxes upon the tax list delivered to him with the 
aforesaid warrant, and where the amount of the tax is one dollar 
or more the collector shall also give a like notice to all non-resi- 
dent taxpayers on said list whose residence or post-office address 
may be known to such collector, or which may be ascertained by 
him upon inquiry of the trustees and clerk of his district, and uo 
school collector shall be entitled to recover from any railroad cor- 
poration, canal company or pipe line or non-resident tax- 
payer more than one per cent fees on the taxes as- 
sessed against such corporation or non-resident, unless such 
notice shall have been given as aforesaid; and in case the whole 
amount of taxes shall not be so paid in the collector shall forth- 



*As amended by section 1, chapter 57i, laVs of 1896. 
tAs amended by section 1, chapter 440, laws of 1899. 



Mbetixgs in common school districts 68 

» 

TITLE 7 

with proceed to collect the same. He shall receive for his ser- 
vices, on all sums paid in as aforesaid, one per cent, and upon fe^'il"'^^^"' 
all sums collected by him, after the expiration of the time 
mentioned, five per cent, except as hereinbefore provided; and 
in case a levy and sale shall be necessarily^ made by such col- 
lector, he shall be entitled to traveling fees, at the rate of ten 
cents per mile, to be computed from the school-house in such 
district. 

§ 82 Any collector to whom any tax-list and warrant may bewarmnt 
delivered for collection may execute the same in any other dis- luotue!'^ '" 
trict or town in the same county, or in anj' other county where ^"" "^^ ^ "^^ 
the district is a joint district and composed of territory from 
adjoining counties, in the same manner and with the like 
authority as in the district in which the trustees issuing the 
said warrant may reside, and for the benefit of which said 
tax is intended to be collected; and the bail or sureties of any Liability of 

' '' sui-eties 

collector, given for the faithful performance of his offlcial duties, 
are hereby declared and made liable for any moneys received or 
collected on any such tax-list and warrant. 

§ 83 If the sum or sums of money, pajable by any person or ^^^jl^^fg"'^ 
persons named in such tax-list, shall not be paid by him or 
them or collected by such warrant within the time therein 
limited, it shall and may be lawful for the trustees to renew 
such warrant in respect to such delinquent person or persons; 
and whenever more than one renewal of a warrant for the col- 
lection of an}^ tax-list may become necessary in any district, 
the trustees may make such further renewal or renewals, with 
the written approval of the supervisor of any town in which a 
school-house of said district shall be located, to be indorsed 
upon such warrant. 

§ 84 Whenever the trustees of any school district shall dis- i^^^i% 
cover any error in a tax-list made out by them, they may, with ofVa'^u^t" 
the approval and consent of the superintendent of public in- 
struction, after refunding any amount that may have been im- 
properly collected on such tax-list, if the same shall be required 
by him, amend and correct such tax-list, as directed by the 
superintendent, in conformity to law. 

§ 85 Whenever any sum or sums of money payable bv any suits for 

*' J r ^ ^ ,} recovery of 

person or persons named in such tax-list, shall not be paid by ^"^"^^^ 
such person or persons, or collected by such warrant within the , 
time therein limited, or the time limited by any renewal of such 
warrant; or in case the property assessed be real estate belong- 
ing to an incorporated company, and no goods or chattels can 



64 GONSOLIDATBD SCHOOL LAW 

TITLE 7 

be found whereon to levy the tax, the trustee or trustees may- 
sue for and recover the same in their name of office. 
m'ineyJ*'^ § 86 The collector shall keep in his possession all moneys 
received or collected by him by virtue of any warrant, or re- 
ceived by him from the county treasurer "Dr board of super- 
V visors for taxes returned as unpaid, or moneys apportioned by 

the state or raised by direct taxation for teachers' wages or 
library, to be by him paid out upon the written order of a 
oxI?oT^ majority of the trustees; said collector, when a treasurer shall 
S^^^i^er" have been elected in his district, shall pay over the moneys 
collected by him by virtue of his warrant, to said treasurer 
as hereinbefore provided in this title; and he shall report in 
Sptsand writing?, at the annual meeting, all his collections, receipts and 
mints'^" disbursements, and shall report to the supervisor on or before 
the first Tuesday of March in each year the amounts of school 
moneys in his hands not paid out on trustees' orders, and shall 
IvI^oT^ pay over to his successor in office, when he has duly qualified 
successor aud givcu ball, all moneys in his hands belonging to the dfistriot. 
Connector to § v^j If by tlio ncglcct of any collector any moneys shall be 
^°^* lost to any school district, which might have been collected 

within the time limited in the warrant delivered to him for 
their collection, he shall forfeit to such district the amount of 
the moneys thus lost, and shall account for and pay over the 
same to the trustees of such district, in the same manner as if 
they had been collected. 
Recovery of s §8 For the rocovery of all such forfeitures, and of r\}\ 

money on •' "^ 

boua?e°tc*' balances in the liands of the collector, which he shall have neg- 
lected or refused to pMV to his successor, or to the treasurer of 
such district:, the trustees, in their name of office, shall have 
their remedy upon the official bond of the collector, or any action 
and any remedy given by law; and they shall apply all such 
moneys, when recovered, in the same manner as if paid without 
suit. 

Delivery 5 SD Withlu fi ftceu davs after any tax-list and warrant shall 

and filing of . ^ 

tax-iistand havc bccn returned by a collector to the trustees of any school 

warrant •' " 

district, the trustees shall deliver the same to the town clerk of 
the town in which tbe collector resides, and said town clerk 
shall file the same in his office. 



UXIOX FREE SCHOOLS 65 

aiTL^, 8 

TITLE VIII 

XTnion free sc'h.oiols, how established, who are voters at meeting's and 
their powers; election and terms oi of&ce of members of board of 
education, and powers of such board 

AKTICLE I 

Of the proceedings for the establishment of union free sdhoolSy 
powers of voters at meetings; classification of terms of office 
and election of members of boards of education; certified copies 
of proceedings of meetings to be filed; board of education to 
elect a president and appoint a treasurer and collector 

"Section 1 Whenever fifteen persons entitled to vote at anvcaiifora 

••^ " special 

meeting of the inhabitants of any school district in the state, ^^^^'X*** 
«ign a request for a meeting, to be held for the purpose of deter- '^'^^'^* 
inining whether a union free school shall be established 
therein in conformity with the provisions of this title, it shall 
be the duty of the trustees of such district, within ten days 
after such request shall have been presented to them, to give pub- 
lic notice that a meeting of the inhabitants of such district, en-xoticeof 

meeting 

titled to vote thereat, will be held for such purpose as afore- 
said, at the school-house, or other more suitable place, in such 
district, on a day and at an hour in such notice to be specified, 
not less than twenty nor more than thirty days after the pub- 
lication of such notice. If the trustees shall refuse to give such 
notice, or shall neglect to give the same for twenty davs, thesuperm- 

' & » J ^ ■> tendent 

superintendent of public instruction may authorize and direct ^lyf^^e"" 
any inhabitant of said district to give the same. The qualifi- 
cations of the inhabitants, entitled to vote at such meeting, Quaiiflca- 

' "' tions of 

shall be sufficiently .set forth in the notice aforesaid. ^'°^'^^ 

§ 2 Whenever such district shall correspond wholly or in part 
with an incorporated village, in which there shall be published xotices, 

_, liow glvei. 

a daily or weekly newsDaper, the notice aforesaid shall be given i^i yiiiage 
by posting at least five copies thereof, severally, in various con- 
spicuous places in said district, at least twenty days prior to 
such meeting, and by causing the same to be published once a 
week for three consecutive weeks before such meeting, in all 
the newspapers published in said district. In other districts 
the said notice shall be given by posting the same as aforesaid, rn other 
and in addition thereto, the trustees of such district shall '^ "'^ ^ 
authorize and require any taxable inhabitant of the same, to 

*As amended by section 9, chapter 264, laws of 1896. 



66 



Consolidated school law 



Legality of 
proceed- 
ings 



Expense of 
notices and 
publica- 
tion 



Meeting of 
two or 
more dis- 
tricts 



Notice 
thereof 



Expenses 



Suferln 
tendent 
may order 
meeting 



Proceed- 
IngK of 
meeting to 
form union 
free school 
district 



notify every other inhabitant (qualified to vote as aforesaid)^ 
of such meeting, to be called as aforesaid, who shall give such 
notification by reading said notice in his or her hearing, or in 
case of his or her absence from home^ by leaving a copy thereof, 
or so much thereof as relates to the time, place and object of 
the meeting, at the place of his or her abode at least twenty 
days prior to the time of such meeting; but the proceedings of 
any meeting held pursuant to sections one and two of this title,, 
shall not be held illegal for want of a due notice to all the per- 
sons qualified to vote thereat; unless it shall appear that the 
omission to give such notice was willful and fraudulent. 

*§ 3 The reasonable expense of such notices, and of their 
publication and service, shall be chargeable upon the district^ 
in case a union free school is established by the meeting so con- 
vened, to be levied and collected by the trustees, as in case of 
taxes now levied for school purposes; but in the event that such 
union free school shall not be established, then the said ex- 
pense shall be chargeable upon the inhabitants signing the re- 
quest jointly and severally, to be sued for, if necessary, in any 
court having jurisdiction of the same. 

t§ 4 Whenever fifteen persons, entitled as aforesaid, from each 
of two or more adjoining districts, shall unite in a request for a 
meeting of the inhabitants of such districts, to determine whether 
such districts shall be consolidated by the establishment of a 
union free school therefor and therein, it shall be the duty of 
the trustees of such districts, or a majority of them, to give 
like public notice of such meeting, at some convenient 
place within such districts and as central as may be, within 
the time, and to be published and served in the manner set 
forth in the first and second sections of this title, in each of 
such districts. The reasonable expenses of preparing, publish- 
ing and serving such notices shall be chargeable upon the union 
free school district, and be collected by tax, if a union free 
school shall be established pursuant to such request, but other- 
wise the signers of the request shall be jointly and severally liable 
for such expense. The superintendent of public instruction ma; 
order such meeting under the conditions a^d in the manner 
l^rescribed in the first section of this title. , 

t§ 5 Any such meeting held pursuant to the foregoing pro- 
visions shall be organized by the election of a chairman and 
secretary, and may be adjourned from time to time, by a 
majority vote, provided that such adjournment shall not be for 



*As amended by section 10, chapter 26t, laws of 1S96. 
tAs amended by section 11. chapter 264, laws of 1S96. 
JAs amended by section 12, chapter 364, laws of 1896. 



"lJ^'ION FREE SCHOOLS 67 

IITLE 8 

a longer period than ten days; and whenever at any such meet- 
ing duly called and held under the provisions of sections one 
^nd two of this title at least fifteen qualified voters of the 
■district shall be present, or at such meeting duly called and 
held under the provisions of section four of this title, at least " 
fifteen qualified voters of each of the two or more adjoining dis- 
tricts joining in the request, shall be present, such meeting may, 
by the affirmative vote of a majority present and voting, adopt 
a resolution to establish a union free school in said district, or 
to consolidate the two or more adjoining districts by establish- 
ing a union free school in said districts pursuant to the notice 
of said meeting. If said meeting shall determine to establish fr^tles**' 
-a union free school in said district or districts as aforesaid, 
it shall be lawful for such meeting thereafter to proceed to the 
election by ballot, of not less than three nor more than nine 
trustees, who shall, by the order of such meeting, be divided ?i?^2?eea' 
into three several classes, the first to hold until one, the second 
until two, and the third until three years from the first Tuesday 
of August next following, except as in the next section pro- 
vided. Thereafter there shall be elected in all union free 
school districts whose limits do not correspond with those of an 
incorporated village or city, at the annual meeting of said dis- 
tricts, trustees of said districts, to supply the places of those 
whose term of office, by the classification aforesaid, are about 
to expire. The trustees, so as aforesaid elected, shall enter at 
once upon their offices, and the office of any existing trustee 
-or trustees in such district or districts, before the establish- 
ment of a union free school therein, shall cease, except for 
the purposes stated in section twelve of title six of this act. 
Neither a school commissioner nor a supervisor is eligible to 
be a member of any board of education, and the acceptance of 
either of said offices by a member of said board vacates his 
office as such member. The said trustees and their successors Board of 

education 

in office shall constitute the board of education of and for the 

union free school district for which they are elected, and the 

designation of such district at union free school district number 

of the town of shall be made by the school com-Designa 

missioner having jurisdiction of the district; and the said board trict° 
shall have the name and style of the board of education of 
{adding the designation aforesaid); copies of said request, notice 
of meeting, order of the superintendent directing some inhabit- 
ant to call said meeting, if any, and minutes of said meeting proceed- 
•or meetings, duly certified by the chairman and secretary ieftiffeT 
thereof, shall be by them, or either of them, transmitted posited 



68 



G0^■S0LIDATE^D SCHOOL LAW 



TITLE 8 



Effect of 
negative 
actioa 



Dissolution 
of district, 
restricted 



Trustees of 
districts 
same as 
city or vil- 
lage, terms 
of 



Annual 
election 



Board a 
corpora- 
tion 



President 



Clerk of 
board and 
district, 
appoint- 
ment of, etc. 



Treasurer 
and col- 
lectof 



and deposited, one to and with the town clerk, one to and: 
with the school commissioner in whose jurisdiction said 
districts are located, and one to and with the superintendent of 
public instruction; but when at any such meeting, the question 
as to the establishment of a union free school shall not be 
decided in the affirmative, as aforesaid, then all further pro- 
ceedings at such meeting, except a motion to reconsider or 
adjourn, shall be dispensed with, and no such meeting shall 
be again called within one year thereafter. And when any 
such meeting shall have established a union free school in said 
district or districts, such union free school district shall not be 
dissolved within the period of one year from the first Tuesday 
of August next after such meeting. 

§ 6 Whenever said board of education shall be constituteil 
for any district or districts whose limits correspond with those 
of any incorporated village or city, the trustees so elected shall,, 
by the order of such meeting, be divided into three several 
classes: The first class to serve until one; the second, untii 
two; and the third, until three years after the day of the next 
charter election in such village or city, and their regular term 
of service shall be computed from the several days of such 
charter elections. And thereafter, there shall be annually 
elected in such villages and cities, at the charter elections, by 
separate ballot, to be indorsed " school trustee," in the same 
manner as the charter officers thereof, trustees of the said union 
free schools, to supply the places of those whose terms by the 
classification aforesaid are about to expire. 

*§ 7 The said boards of education are hereby severally created 
bodies corporate, and each shall, at its first meeting, and at each 
annual meeting thereafter, elect one of their members president. 
In every union free school district other than those whose limits- 
correspond with those of an incorporate city or village the board 
of education shall have power to appoint one of their number, or 
a qualified voter in said district, and a person other than a trustee,. 
or a teacher employed in said district, as clerk of the board of 
education of such district. Such clerk shall also act as clerk of 
said district, and shall perform all the clerical and other duties 
pertaining to his office, and for his services he shall be entitled 
to receive such compensation as shall be fixed at an annual meet- 
ing of the qualified voters of such district. In case no provision 
is made at an annual meeting of the inhabitants for the compen- 
sation of a clerk, then and in that ease the board of education 
shall have power to fix the same. Said board of education shall 
also have power to appoint one of the taxable inhabitants nf their 



As amended by section 1, cliapter liiG, laws of 18 



Union free schools 69 

TITLE 8 

district treasurer, and fix his compensation, and another collector 
of the moneys to b( raised within the same for school purjDoses, 
who shall severally hold such appointments during the pleasure 
of the board. Such 1 reasurer and collector shall each, and within f °easu?irs 
ten days after notice in writing of his appointment, duly served fec^rs" 
upon him, and before entering upon the duties of his office, exe- 
cute and deliver to the said board of education a bond, with such 
sufiQcient penalties and sureties as the board may require, 
conditioned for the faithful discharge of the duties of his office, 
and in case such bond shall not be given within the time vacaaciea 
specified, such office shall thereby become vacant, and said 
board shall thereupon, by appointment, supply such vacancy. 
And said board of education shall also have power to supply, by 
appointment, any vacancy in the office of such clerk, occasioned 
by death, resignation, removal from the district or otherwise. 

AKTICLE 2 

Of the qualifications of voters in union free scliool districts, and 
of meetings of such voters and their poivers 

*^ 8 Every person of full age, residing in any union free school ^jo*" of*' 
district, and who has resided therein for a period of thirty days ^'^^^'^ 
next preceding any annual or special meeting held therein, and 
a citizen of the United States, who owns, or hires, or is in the 
possession under a contract of purchase, of real property in such 
school district liable to taxation for school purposes; and every 
such resident of such district who is a citizen of the United 
States of twenty-one years of age, and is the parent of a child or 
children of school age, some one or more of whom shall have 
attended the districi school in said district for a period of at 
least eight weeks within one year preceding such school meet- 
ing; and every such person not being the parent, who shall 
have permanently residing with him or her a child or children 
of school age, some one or more of whom shall have attended 
the district school in said district for a period of at least eight 
weeks within one year preceding such school meeting; and 
every such resident and citizen as aforesaid, who owns any 
personal property assessed on the last preceding assessment- 
roll of the town, exceeding fifty dollars in value exclusive of 
such as is exempt from execution, and no other, shall be entitled 
to vote at any school meeting held in said district, under and 
pursuant to the provisions of this title. No person shall be Eligibility 

1 T j_ • J. *° Office 

deemed to be ineligible to vote at anv such school district 



♦As amended by sectiou 14. cliapter 264, laws of 189R. 



70 



Consolidated school law 



Levy of tax 
for school 
purposes 
by village 
and olty 
authorities 



Statements 
of antici- 
pated ex- 
penditures 



Sums not to 
be with- 
held 

Raising of 
additional 
moneys 



Notice of 
required 
tax for 
school 
buildings, 
sites, etc. 



meeting by reason of sex, who has one or more of the qualifi- 
cations required by this section. No person shall be eligible 
to hold any school district oflflce in any union free school dis- 
trict unless he or she is a qualified voter in such district, and 
is able to read and write. Not more than one member of a 
family shall be a member of the same board of education in any 
school district. 

§ 9 The corporate authorities of any incorporated village or 
city, in which any such union free school shall be established, 
shall have power, and it shall be their duty, to raise, from time 
to time, by tax, to be levied upon all the real and personal 
property in said city or village, as by law provided for the 
defrajnng of the expenses of its municipal government, such 
sum or sums as the board of education established therein shall 
declare necessary for teachers' wages and the ordinary con- 
tingent expenses of supporting the schools of said district. The 
sums so declared necessary shall be set forth in a detailed state- 
ment in writing, addressed to the corporate authorities by the 
board of education, giving the various purposes of anticipated 
expenditure, and the amount necessary for each; and the said 
corporate authorities shall have no power to withhold the sums 
so declared to be necessary; and such corporate authorities as 
aforesaid shall have power, and it shall be their duty to raise, 
from time to time, by tax as aforesaid, any such further sum or 
sums to be set forth in a detailed statement in writing, ad- 
dressed to the corporate authorities by the board of education, 
giving the various purposes of the proposed expenditure, and 
the amount necessary for each which may have been or which 
may hereafter be authorized by a majority of the voters of such 
union free school district present and voting at any special, 
district meeting duly convened, for making additions, altera- 
tions, or improvements to or on the sites or structures belong- 
ing to the district, or for the purchase of other sites or struc- 
tures, or for a change of sites, or for the erection of new build- 
ings, or for buying apparatus or fixtures, or for such other 
purpose relating to the support and welfare of the school as 
they may, by resolution, approve; and they may direct the 
moneys so voted to be levied in one sum, or by installments, 
but no addition to or change of site or purchase of a new site 
or tax for the purchase of any new site or structure, or for the 
purchase of an addition to the site of any school-house, or for 
building any new school-house, or for the erection of an addition 
to any school-house already built, shall be voted at any such 
meeting unless a notice by the board of education stating that 
such tax will be proposed, and specifying the amount and object 



Union free schools 71 

TITLE 8 

thereof shall have been published once in each week for the 
four weeks next preceding such district meeting, in two news- 
papers, if there shall be two, or in one newspaper if there shall 
be but one, published in such district. But if no newspaper shall 
then be published therein, the said notice shall be posted up in 
at least twenty of the most public places in said district twenty 
davs before the time of such meeting. No vote to raise money R'^scindiTig 
shall be rescinded, nor the amount thereof be reduced at any y,"[;)i'iV*^ 
subsequent meeting, unless the same be done within ten days 
after the same shall have been first voted. For the purpose J'c^er to 

^ '■ borrow 

of giving effect to these provisions, the corporate authorities are ™°"<^y 
hereby authorized, whenever a tax shall have been voted to be 
collected in installments for the purpose of building a new 
school -house, or building an addition to a school-house, or mak- 
ing additions, alterations or improvements to buildings or 
structures belonging to the district, or for the purchase of a new 
site, or for an addition to a site, to borrow so much of the sum 
voted as may be necessary, at a rate of interest not exceeding 
six Tier cent, and to issue bonds or other evidences of indebted- ^fomuL 
ness therefor, which shall be a charge upon the district, and catlf ' 
be T>aid at maturity, and which shall not be sold below i^ar. 
Said bonds or other evidences of indebtedness shall be pre- 
pared by the board of education, signed by the president and 
secretary thereof, and delivered to the treasurer of the incorpo- 
rated village or city, who shall countersign the same, and give 
due notice of the time and place of the sale of such bonds, at^^o»<^eof 
least ten days prior thereto, by publication twice in two news- 
papers, if there shall be two, or in one newspaper, if there shall 
be but one, published in such district. But if no newspaper 
shall then be published therein, the said notice shall be posted 
up in at least ten of the most public places in said district 
ten days before the day of sale. The proceeds of the sale of fjjj°"^^^ °* 
said bonds shall be paid into the treasury of said incorporated 
village or city, to the credit of the board of education of such 
district. 

*§ 10 A majority of the voters of any union free school distii^'t, r°Q;fafa°ifd 
other than those whose limits correspond with an incorporated 'P|etfngs to 
city or village, present at any annual or special district meeting, 
duly convened, may authorize such acts and vote such taxes as 
they shall deem expedient for making additions, alterations or 
improvements to or in the sites or structures belou.ging to the dis- 
trict, or for the purchase of other sites or structures, or for a 
change of sites, or for the erection of new buildings, or for buying 
apparatus, or fixtures, or for paying the wages of teachers and the 

*A.s amende^l by section 15 chapter ii64, laws of 1896. 



72 



Consolidated school law 



Designation 
of sites 



Vote on ex- 
penditure 
of money or 
tax 



Tax for 

sums voted 



Notice of 
proposed 
tax for 
school 
buildings, 
sites, etc. 



Collection 
of tax 



Rescinding 
vote, or 
reduction 
of amount 
voted 



Power to 

borrow 

money 



necessary expenses of the school, or for such other purpose relat- 
ing to the support and welfare of the school as they may, by reso- 
lution, approve; the designation of a site or sites by the district 
meeting shall be by written resolution containing a description 
thereof by metes and bounds, and such resolution must receive the 
assent of a majority of the qualified voters present and voting at 
said meeting, to be ascertained by taking and recording the ayes 
and noes. On all propositions arising at said meetings involving 
the expenditure of money, or authorizing the levy of a tax or 
taxes in one sum or by installments, the vote thereon shall be by 
ballot, or ascertained by taking and recording the ayes and noes 
of such qualified voters attending and voting at such meetings; 
and they may direct the moneys so voted to be levied in one sum, 
or by installments, but no addition to or change of site or purchase 
of a new site or tax for the purchase of any new site or structure, 
or for the purchase of an addition to the site of any school-house, 
or for building any new school-house, or for the erection of an 
addition to any school-house already built, shall be voted at any 
such meeting unless a notice by the board of education stating 
that such tax will be proposed, and specifying the amount and 
object thereof, shall have been published once in each week for 
the four weeks next preceding such district meeting, in two news- 
papers if there shall be two, or in one newspaper if there shall be 
but one, published in such district. But if no newspaper shall 
then be published therein, the said notice shall be posted in at 
least twenty of the most public places in said district twenty 
days before the time of such meeting. And whenever a tax for 
any of the objects hereinbefore specified shall be legally voted the 
boards of education shall make out their tax-list, and attach their 
warrant thereto, in the manner provided in article seven of title 
seven of this act, for the collection of school district taxes, and 
shall cause such taxes or such installments to be collected at such 
times as they shall become due. No vote to raise money shall be 
rescinded, nor the amount thereof be reduced at any subsequent 
meeting, unless it be an adjourned meeting or a meeting called 
by regular and legal notice, which shall specify the proposed 
action, and at which the vote upon said proposed reduction or 
rescinding shall be taken by ballot or by taking and recording the 
ayes and noes of the qualified voters attending and voting th r^'at. 
For the purpose of giving effect to these provisions, trustees or 
boards of education are hereby authorized, whenever a tax shall 
have been voted to be collected in installments for the purpose of 
building a new school-house or building an addition to a school- 
house, or making additions, alterations or improvements to build- 
ings or structures belonging to the district, or for the purchase of 



Union free schools 73 

TXTLE 8 

a new site or for an addition to a site, to borrow so much of the 
«um voted as may be necessary at a rate of interest not exceed- slle of*"^ 
ing six per centum, and to issue bonds or other evidences of ^"""^^ 
indebtedness therefor, which shall be a charge upon the district, 
and be paid at maturity, and which shall not be sold below par; 
-due notice of the time and place of the sale of such bonds shall be 
given by the board of education at least ten days prior thereto by 
publication twice in two newspapers, if there be two, or in one 
newspaper if there be but one published in such district. But 
if no new^spaper shall then be published therein, the said notice 
shall be posted in at least ten of the most public places in said dis- 
trict ten days before the sale. It shall be the duty of the trustees 
or the persons having charge of the issue or payment of such 
indebtedness, to transmit a statement thereof to the clerk of the 
board of supervisors of the county in which such indebtedness 
Is created, annually, on or before the first day of November. 

§ 11 All moneys required to pay teachers' wages in a union ^4^^°Jg, 
free school or in the academical department thereof, after the "^^^^^ 
■due application of the school moneys thereto, shall be raised by 
tax. 

§ 12 Every union free school district shall, for all the pur- 
poses of the apportionment and distribution of school moneys, 
he regarded and recognized as a school district. 



ARTICLE 3 

Of avnxml and special meetings, and of election of members of 
loards rjf education and clerics in districts icliere the number of 
children exceeds three hundred 

§ 13 1. In union free school districts other than those whose ^p'^eXi* *'*'' 

niGGtiuffS 

limits correspond with those of anv incorporated village or in union 
city, the annual school meeting shall be held on the first Tuesday districts 
of August. The boards of education shall have power to call 
«])ecial meeting of the inhabitants of their respective districts 
whenever they shall deem it necessary and proper, in the 
manner prescribed in section ten of this title, and shall in like 
manner give notice of the time and place of holding the annual 
school district meeting. The proceedings of any special meeting 
shall not be held to be illegal for w^ant of a due notice to all 
persons qualified to vote thereat, unless it shall appear that the 
omission to give such notice was wailful and fraudulent. The-t,e?tSngof 
annual meeting of the board of education of every such union education 

therein 

free school district shall be held on the Tuesday next after the 
annual school district meeting therein. 



74 CON'SOLIDATBD SCHOOL LAW 

TITLE 8 

Annual and 2 In uiiion free school districts whose limits correspond witb 

special ^ 

distrim^ '" those of any incorporated village or city, the boards of education 

cuTo^ shall have power to call special 'meetings of the inhabitants of 
their respective districts for the purposes mentioned in section 
nine of this title, in the manner prescribed in said section nine. 
The proceedings of any special meeting shall not be held to be 
illegal for want of due notice to all persons qualified to vote 
thereat unless it shall appear that the omission to give such 

meeting of ^otico was willful and fraudulent. The annual meeting of the 

education board of oducatiou of every such union free school district shall: 
be held on the Tuesday next after the canvass and declaration 
of the election of the members of said board at the annual 
charter election of the village or city. 

*3 The qualified voters of any union free school district present 
at any annual school meeting therein, for which a notice has 
been duly given that the vote hereinafter mentioned will be 
taken, or at any special school meeting therein, duly and legally 
called for that purpose, shall have power, by a majority vote, to- 
be ascertained by taking and recording the ayes and noes, to 

vot^dfor'^" ^'^^^ ^ ^^^ for the purchase of all text-books used, or to be used,. 

bookf '^" in the schools of the district. If such tax shall be voted it shall 
be the duty of the board of education of such district, within 
ninety days thereafter, to purchase and furnish free text-books 
to all the pupils attending the schools in such district. Such 
board of education shall have power to establish such rules and 
regulations concerning the use by the pupils of such text-books^ 
and the care, preservation and custody thereof as it shall deem 
necessary. 

bitrdaSd"^ t§ 14 In union free school districts other than those whose 

districts limits correspond with those of an incorporated village or city,. 

over 300 j^^ whlcli the numbor of children of school age exceeds three 
hundred, as shown by the last annual report of the board of 
education to the school commissioner, the qualified voters of 
any such district may by a vote of a majority of those present 
and voting, at any annual meeting, or at any duly called special 
metting, to be ascertained by taking and recording the ayes 
and noes, determine that the election of the members of the 
board of education shall be held on, the Wednesday next 
following the day designated by law for holding the 

Time of annual meeting of said district. Until such • determination 

holding " 

election shall be changed, such election shall be held on the 
Wednesday next following the day on which such annual meet- 
ing of such district shall bo held, in each year, between the hour« 

♦Added bj' Sf^clion 1, chapter 193, laws of 1897. 

tAs amended by section a, chapter 466, laws of 1897. 



Union fkeb schools 75 

TITLE 8 

of twelve o'clock noon, and four o'clock in the afternoon at the 
principal school-house in the district, or at such other suitable 
place as the trustees may designate. When the place of holding ^,0**°^® °^ 
fiueh election is other than at the principal school-house, the 
trustees shall give notice thereof by the publication of such 
notice, at least one week before the time of holding such election, 
in some newspaper published in the district, or by posting the 
same in three conspicuous places in the district. The trustees ^11?^^°"^ 
may, by resolution, extend the time of holding the election from 
four o'clock until sunset. The board of education, or such of 
them as may be present, shall act as inspectors of election. ^?®e^|°*?J^ 
If a majority of such board shall not be present at the time 
of opening the polls, those members of the board in attendance 
ma.y appoint any of the legal voters of the district present, to 
act as inspectors in place of the absent trustees; and if none 
of the board of education shall be present at the time of open- 
ing the polls, the legal voters present may choose three of their ^gg^j^dof 
number to act as inspectors. The district clerk, or the clerk ^°^^^ 
of the board of education, as the case may be, shall attend at 
the election and record in a book to be provided for that pur- 
pose, the name of each elector as he or she deposits his or 
her ballot. If such district clerk, or clerk of the board of 
education shall be absent, or shall be unable or refuse to act, 
the board of education or inspectors of election shall appoint 
some person who is a legal voter in the district to act in his 
place. Any clerk or acting clerk who shall neglect or refuse Penalty for 

r J o o refusal to 

to record the name of a person whose ballot is received by the ^^^^J^ 
inspectors, shall be liable to a fine of twenty-five dollars, to 
be sued for by the supervisor of the town. If any person offer- challenges 
Ing to vote at any such election shall be challenged as unquali- 
fied by any legal voter, the chairman of the inspectors shall 
require the person so offering to vote to make the following 
declaration : " I do declare and affirm that I am and have been fi^^'g^there- 
for the thirty days last past an actual resident of this school "^°" 
district, and that I am legally qualified to vote at this election." 
And every person making such declaration shall be permitted 
to vote; but if any person shall refuse to make such declaration 
his or her ballot shall not be received by the inspectors. Any penalty 

for illegal 

person who upon being so challenged shall willfully make a noting, etc. 
false declaration of his or her right to vote at such election, la 
guilty of a misdemeanor. Any person who shall vote at such 
election, not being duly qualified, shall, though not challenged, 
forfeit the sum of ten dollars, to be sued for by the supervisor 
of the town for the benefit of the school or schools of the dis- 
trict. The board of education shall, at the expense of the ^""^^''^^ 



76 



Consolidated school law 



Canvass of 
votes and 
declaration 
of result 



Special 
election 



Terms of 
officers 
elected 
thereat 



Election dis 
rutes, how 
settled 



Limitation 
of fore- 
going pro- 
visions 



distil ft, provide a suitable box in which the ballots shall be 
deposited as they are received. Such ballots shall contain tlie 
names of the persons voted for, and shall designate the office 
for which each one is voted. The ballots may be either written 
or printed, or partly written and partly printed. The inspectors 
immediately after the close of the polls shall proceed to can- 
vass the votes. They shall first count the ballots to determine 
if they tally with the number of names recorded by the clerk,. 
and if they exceed that number, enough ballots shall be with- 
drawn to make them correspond. Such inspectors shall-count 
the votes and announce the result. The person or persons 
having a majority of the votes respectively for the several offices 
shall be elected, and the clerk shall record the result of such 
ballot and election as announced by the inspectors. Whenever 
the time for holding such election as aforesaid shall pass with- 
out such election being held in any such district, a special 
election shall be called by the board of education, but if no 
such election be called by said board within twenty days after 
such time shall have passed, the school commissioner or the 
state superintendent of public instruction may order any in- 
habitant of said district to give notice of such election in the 
manner prescribed by section ten of this title; and the officers 
elected at such special election shall hold their respective offices 
only until the next annual election, and until their successors 
are elected and shall have qualified as in this act provided. 
All disputes concerning the validity of any such election, or of 
any votes cast thereat, or of any of the acts of the inspectors 
or clerks, shall be referred to the superintendent of public 
instruction, whose decision in the matter shall be final. Such 
superintendent may, in his discretion, order a new election in 
any district. The foregoing provisions shall not apply to 
union free school districts in cities, nor to union free school 
districts whose boundaries correspond with those of an incor- 
porated village, nor to any school district organized under a 
special act of the legislature, in which the time, manner and 
form of the election of district officers shall be different from 
that prescribed for the election of officers in union free school 
districts, organized under the general law, nor to any of the 
union free school districts in the counties of Richmond, Suffolk^ 
Chenango, Warren, Erie and St. Lawrence. In Richmond 
county, whenever any district shall have determined to hold its 
annual election on Wednesday following the date of its annual 
school meeting, the same shall be held between the hours of four 
o'clock and nine o'clock in the evening. 



Union free schools ■ TT 

TITLE 8 

ARTICLE 4 

0^ tJie powers and duties of hoards of education 

§ 15 The said board of education of every union free school boMd^^ °* 
district shall severally have power, and it shall be tkeir duty: 

1 To adopt such by-laws and rules for its government as and'i.ufes 
shall seem proper in the discharge of the duties required under 

the provisions of this act. 

2 To establish such rules and regulations concerning the fo^^lcLooTs 
order and discipline of the school or schools, in the several 
departments thereof, as they may deem necessary to secure 

the best educational results. 

3 To prescribe the course of study by which the pupils otstniT^^ 
the school or schools shall be graded and classified, and to 
regulate the admission of pupils and their transfer from one o/pup!i°° 
class or department to another, as their scholarship shall war- 
rant, 

4 To prescribe the text-books to be used in the schools, and 
to compel a uniformity in the use of the same, pursuant to the 
provisions of this act, and to furnish the same to pupils out 
of any moneys provided for that purpose. 

5 To make provision for the instruction of pupils in physi- Sphysi'°'^ 
ology and hygiene with special reference to the effect of alco- 
holic drinks, stimulants and narcotics upon the human system. 

6 To purchase a site or sites, or an addition to a site or scjiooi sites, 
sites, for a school-house or school-houses for the district, as applrams^ 
designated by a meeting of the district; and to construct such 
school-house or houses, and additions thereto as may be so 
designated; to purchase furniture and apparatus for such school- 
house or houses; to keep such school-house or houses and the Repairs 
furniture and apparatus therein in repair; to hire any room or Hiring; 
rooms in which to maintain and conduct schools when the rooms '''oins 

in the school-house or houses are overcrowded, or when such 
school-house or houses are destroyed, injured or damaged by 
the elements, and to fit up and furnish such room or rooms in 
a suitable manner for conducting a school or schools therein; 
to insure the school-house or houses and their furniture, appa- insurance 
ratns and appendages, and the school library, in some company 
or companies created by or under the laws of this state, and 
t^^ comply with the conditions of the policy, and raise the sums 
paid for premiums by district tax. No school-house shall be ^pp^o^^^a' o* 
built in any union free school district until the plan for the etS"^''"°°' 
ventilation and heating and lighting of such school-house shall 
be approved in writing by the school commissioner of the com- 
missioner district in which such school-house is to be built. ^ , 



78 



Consolidated school law 



TITLE 8 



CustOfly of 
property 



Title vested 
in board 



Sale of 
property 



Application 
of proceeds 



Exchange 
of real 
estate 



May take 
and hold 
real estate, 
etc. 



Control of 
schools 



Establish- 
ment nf 
academical 
depait- 
meut 



Non-resi- 
dent pupils 



Fuel, ap- 
paratus, 
etc. 



Employ- 
ment of 
teachers 



Ciiutractof 

eniploy- 

niout 



7 To lake cliarj^e and possession of the school-houses, sites, 
lotH, furinture, books, apparatus, and all school property within 
their respective uisrricts; and the title of the same shall be 
vested rei^pectively in said board of education, and the same 
shall not be subject to taxation for any purpose. 

8 To sell, when thereto authorized by a vote of the qualiiied 
voters of the school district, any former school site or lot, or 
any real estate the title to which is vested in the board, and 
the buildings thereon, and appurtenances or any part thereof, 
at such price and upon such terms as said voters shall prescribe, 
and to convey the same by deed to be executed by the board or 
a majority of the members thereof. All moneys arislni? from 
any such sale shall be used and applied for the benefit of the 
school district, as the voters thereof sliall by resolution direct. 
Also to exchange real estate belonging to the district for the 
purpose of iuHjioving or changing school-house sites. 

9 To take and hold for the use of the said schools or of any 
de]^artment of the same, any real estate transferr-'d to it by gift, 
j;ranL, bequest or devise, or any gift, legacy or an.'uiity, of what- 
ever kind, pveu or bequeathed to the said board and apply the 
same, or the interest or proceeds thereof, accofding to the in- 
structions of the donor or testr.tor. 

10 To have, in all respects, the superintendence, management 
and control of said union free schools, and to establish in the 
same an fi<.'adenii(al department, whenever in their judgment 
the same is warranted by the demand for such instruction; to 
receive into said union free schools any pupils residing out of 
s-ild district, and to regulate and establisli the tuition fees of 
such non-resident pupils in the several departments of said 
schools; provided, that if such non-resident pupils, their parents 
or guardians, shall be liable to be taxed for th'? support of said 
schools in the districts, or either of them, on account of owning 
property therein, the amount of any such tax paid by a non- 
resident pupil, his parent or guardian, shall be deducted from 
the charge of tuition; to provide fuel, furniture, apparatus and 
other necessaries for the use of said schools, and to appoint 
such librarians as they may from time to time deem necessary. 

*11 To contract with and employ such persons as by the pro- 
visions of this act are qualified teachers in the several depart- 
ments of instruction in said school, and at the time of such 
employment shall make and deliver to each teacher, or cause to 
be made and delivered, a contract in writing, signed by the 
members of said board, or by some person duly authorized 
by said board to represent them in the premises, in which the 



*As amended by section 16, chapter 261, laws of 1896. 



Union free schools 79 

TITLE 8 

details of the agreement between the parties, and particularly 
the length of the term of employment, the amount of compen- 
sation and the time or times when such compensation shall be 
due and payable shall be clearly and definitely set forth. The wTg^i^"*' 
pay of any teacher employed in the public schools of this state 
shall be due and payable at least as often as at the end of each 
calendar month of the term of employment. No person who is nS of" 

^ '' ^ relatives of 

related by blood or marriage to any member of a board of board 
education shall be employed as a teacher by such board, except 
upon the consent in writing of two-thirds of the members 
thereof, to be entered upon the proceedings of the board. No feTchera °* 
teacher shall be removed during a term of employment unless 
for neglect of duty, incapacity to teach, immoral conduct, or 
other sufficient cause. Also to pay the wages of such teacher 
out of the moneys appropriated for that purpose. 

12 To fill any vacancy which may occur in said board by ^c^^^liea 
reason of the death, resignation, removal from office or from 

the school district, or refusal to serve, of any member or officer 
of said board; and the person so appointed in the place of any 
such member of the board shall hold his office until the next 
election of trustees, as by this act provided. In case of the 
failure of such board to fill such vacancy, and in case no special 
election is ordered for filling the same for a period of thirty 
days, the same may be filled by the school commistijner having 
jurisdiction. The superintendent of public instruction may fenlen't" 
order a special election to be held in any district for the purpose ^Iciai'^^' 
of filling such vacancy, and when such special election is ordered 
the vacancy shall not be filled otherwise. 

13 To remove any member of their board for official miscon- Removal of 

member 

duct. But a written copy of all charges made of such miscon- for cause 
duct shall be served upon him .at least ten days before the time 
appointed for a hearing of the same; and he shall be allowed a 
full and fair opportunity to refute such charges before removal. 

11: To provide suitable and convenient water-closets or privies ^ofets'or 
for each of the schools under their charge, at least two in num- ^""^* 
ber, which shall be entirely separated each from the other and 
having separate means of access, and the approaches thereto 
shall be separated by a substantial close fence not less than 
seven feet in height; to keep the same in a clean and whole- 
some condition, and a failure to comply with the foregoing 
provisions on the part of said board shall be sufficient grounds 
for removal from office, and for withholding from the district 
any share of the public moneys of the state. Any expense in fiferlof 
curred by said board in carrying out the foregoing provisions 
shall be a charge upon the district; and a tax may be levied 
therefor without a vote of the district. 



80 



COXSOLIDATBD SCHOOL LAW 



Tax for 

cose 

thereof 



Superin- 
tendent of 
schools in 
certain 
trices 



TITLE 8 

on^outfide ^^ ^^ CRuse proper stairways to be constructed mid main- 
fng'^"'''*" tained on all school buildings under their charge which are 
more than two stories high, on the outside thereof, with suitable 
doorways leading thereto from eacli story above the first, for 
Qse in case of fire. The reasonable and proper cost thereof 
shall, in each case, be a legal charge upon the city; village or 
district, and shall be raised by tax as other moneys are raised^ 
for school purposes. 
General ^ 16 The board of education shall possess all the powers and 

powers and '^ ^ 

duties privileges, and be subject to all the duties in respect to the 
common schools, or the common school departments in any 
union free school in said districts, which the trustees of com- 
mon schools possess or are subject to under this act, not 
specially provided for in this title, and not inconsistent witb 
the provisions of this title; and to enjoy, whenever an academic^ 
department shall be by them established, all the immunities 
and privileges now enjoyed by the trustees of academies in thi» 
state, 

§ 17 In any incorporated village having a population of five 
dis thousand and upwards, or in any union free school district hav- 
ing a like population, which fact shall in either case be deter- 
mined by the state superintendent of public instruction, a» 
provided in section five of title two of this act, the board of 
education in any such village or union free school district may 
apjtoint a superintendent of schools. Such superintendent shall 
be under the direction of the board of education, which shall 
prescribe his pov>'ers and duties. He shall be paid a salary 
from the teachers' fund, to be fixed by the board of education^ 
and he may be removed from office by a vote of the majority of 
all the members of such board. Whenever such superintendent 
shall be appointed, the said union free school district shall be 
entitled to the benefits of the provisions of section five of title 
two of this act. 

§ 18 It shall be the duty of said board to keep an accurate 
record of all its i>roceedings in books provided for that purpose^ 
which books shall be open for public inspection at all reason- 
of"accoui'ts ^ble hours. It shall be the duty of said board to cause to be 
and'e^'lpen- published once in each year, and twenty days next before the 
annual meeting of the district, in at least one public newspaper, 
printed in such district, a full and detailed account of all moneys 
received by the board or the treasurer of said district, for its 
account and use, and of all the money expended therefor, giving^ 
the items of expenditure in full; should there Ije no paper pub- 
lished in said district said board shall publish such account 
by notice to the taxpaj'ers, by posting copies thereof in five 



Salary 



Record of 
proceed- 
ings 



UXIOX FREE SCHOOLS 81 

TITLE 8 

public places in said district. No member of said board shall interest in 

•r r contracts 

be personally interested in any contract made by said board. pioiiit*"e<i 
It shall be the duty of the board, at the annual meeting of the 
district, besides any other report or statement required by law, ^^ep^r^tof 
to present a detailed statement in writing of the amount of°^^^^^^f* 
money which will be required for the ensuing year for school ""^''^'^s 
purposes, exclusive of the public moneys, specifying the several 
purposes for which it will be required, and the amount for 
each, but nothing in this section contained shall be construed 
to prevent the board from presenting such statement at any 
special meeting called for the purpose, nor from presenting a 
supplementary and amended statement or estimate at any time. 
§ 10 After the presentation of such statement, the question voting 

*' ^ thereon liy 

shall be taken upon voting the necessary taxes to meet the esti- ^^^^f^'^ 
mated expenditures, and w^hen demanded by any voter present, 
the question shall be taken upon each item separately, and the . 
inhabitants may increase the amount of any estimated expendi- 
tures or reduce the same, except for teachers' wages, and the 
ordinary contingent expenses of the school or schools. 

§ 20 If the inhabitants shall neglect or refuse to vote the sum Board may- 
or sums estimated necessarv for teachers' wages, after applying without 

•- o 7 1. i I o vote 

thereto the public school moneys, ..and other moneys received or 
to be received for that purpose, or if they shall neglect or refuse 
to vote the sum or sums estimated necessary for ordinary con- 
tingent expenses, the board of education may levy a tax for the 
same, in like manner as if the same had been voted by the 
inhabitants. 

^ 21 If any question shall arise as to what are ordinary con- ordinary 

^ •> 1 •> contingent 

tingent expenses the same may be referred to the superintendent f^t'^fe"n?eut 
of public instruction, by a statement in Avriting, signed by one asto*^''^''^ 
or more of each of the opposing parties upon the question, and 
the decision of the superintendent shall be conclusive. 

§ 22 It shall be the duty of each of the said boards of edu Regular 

. . (. , . . 1 -1 meetings of 

cation, elected pursuant to the provisions of this title, to have board 
a regular me'^ting at least once in each quarter, and at such 
meetings to appoint one or more committees, to visit every 
school or department under the supervision of said board, and visitation 

'^ ^ of schools 

such committees shall visit all said schools at least twice in 
each quarter, and report at the next regular meeting of the Reports 
board on the condition thereof. The meetings of all such 
boards shall be open to the public, but said boards may hold 
executive sessions, at which sessions only the members of such Executive 
boards or the persons invited, shall be present. 

§ 23 It shall also be the duty of said boards, respectiveh^ to Expendi- 
have reference in all their expenditures and contracts to the contracts 
8 



S2 Consolidated school law 

TITLE 8 

amount of moneys which shall be appropriated, or subject to 
their order or drafts, during the current year, and not to exceed 
^ppj^c^auon that amount. And said boards shall severally apply all the 
moneys apportioned to the common school districts under their 
charge, to the departments below the academical; and all 
moneys from the literature fund or otherwise, appropriated for 
the support of the academical department, to the latter depart- 
ments. 
|>e°paid'° § 24 All moneys raised for the use of the union free schools 
v^uaye^ °' lu ally clty or incorporated village, or apportioned to the same 
from the income of the literature, common school or United 
States deposit funds, or otherwise, shall be paid into the treas- 
ury of such city or village to the credit of the board of education 
therein; and the funds so received into such treasury shall be 
kept separate and distinct from any other funds received into 
fwrcustody ^^^ ^^^^ treasury. And the officer having the charge thereof 
thereof shall givo such -addi'tioual security for the safe custody thereof 
as the corporate authorities of such city or village shall require. 
fowmade ^0 mouoy shall be drawn from such funds, credited to the 
several boards of education, unless in pursuance of a resolution 
or resolutions of said board, and on drafts drawn by the presi- 
dent and countersigned by the secretary or clerk, payable to 
the order of the person or persons entitled to receive such 
money, and stating on their face the purpose or service for 
which such moneys have been authorized to be paid by the 
said board of education. 
ot^motieys § 25 All mouoys raised for the use of said union free schools, 
reisof* other than those whose limits correspond with those of any 
cities and incorporated villages, or apportioned from the income 
of the literature or common school or United States deposit 
funds, or otherwise, shall be paid to the respective treasurers 
of the said several boards of education entitled to receive the 
4mu?ng of same, and be by them applied to the uses of said several boards, 
treasurers ^j^^ shall aunually render their accounts of all moneys received 
and expended by them for the use of said schools, with every 
voucher for the same, and certified copies of all orders of the 
said boards touching the same, to the school commissioner of 
the district in which the principal school-house of the district 
Moneys, is locatcd. No mouov shall be drawn from such funds in pos- 

how drawn " 

«>i' session of such treasurer, unless in pursuance of a resolution 

or resolutions of said board, and on drafts drawn by the presi- 
dent and countersigned by the clerk, or secretary, payable to 
the order of the person or persons entitled to receive such 
money, and stating on their face the purpose or service for 
wh^ch sale* moneys have been authorized to be paid by the 
said board of education. 



Union free schools 8$ 

TITLE 8 

§ 26 Every academic department, established as aforesaid, Aoadpmic 
shall be under the visitation of the regents of the university, BublJcrto" 
and shall be subject, in its course of education and matters per- ■■^■s^"^^ 
taining thereto (but not in reference to the buildings in which 
the same is conducted), to all the regulations made in regard to 
academies by the said regents. In such departments the qualifi- ^^'^^'f^^" 
cations for the entrance of any pupil shall be as high as those ^^'t';^"f,| 
established by the said regents for participation in the literature ° ''"'' "^ 
fund of any academy of the state under their supervision. 

§ 27 Whenever a union free school shall be established under Adoption 
the provisions of this title, and there shall exist within its dis- acadomlef 
trict an academy, the board of education, if thereto authorized 
by a vote of the voters of the district, may adopt such academy 
as the academic department of the district, with the consent of 
the trustees of the academy, and thereupon the trustees, by a 
resolution to be attested by the signatures of the officers of the 
board and filed in the office of the clerk of the county, shall 
declare their offices vacant, and thereafter the said academy 
shall be the academic department of such union free school. The Lease of 
board of education when thereto authorized by a vote of the brboSti^ 
qualified voters of the district may lease said academy and site, 
and maintain the academic department of such union free school 
therein and thereon. 

*§ 27-a The board of education of a union free school district, 
with the approval of the superintendent of public instruction, 
and the regents of the university, may adopt an academy a® the 
academic department thereof, and contract for the instruction 
therein of pupils of academic grade, residing in the district. The 
academy thereupon becomes the academic department of such 
union free school, and the district is entitled to the same rights 
and privileges, is subject to the same duties, and the apportion- 
ment and distribution of state school money shall be made to it, 
as if an academic department had been established in such school. 

S 28 Every union free school district, in all its departments, visitatiou 
shall be subject to the visitation of the superintendent of public vision of 
instruction. He is charged with the general supervision of its schools 
board of education and their management and conduct of all its fe„cient'"^° 
departments of instruction. And every board of education shall 
annually, on the first day of August, in each year, make to the Annual 
commissioner having jurisdiction, and deposit in the town clerk's board of 
office, a report for the school year ending July thirty-first preced- 
ing, of all matters concerning which trustees of a school district 
are required to report, under this act, and concerning all such 
other matters as the superintendent shall, from time to time, re- 
quire; and shall also whenever thereto required by the superin- special 
tendcnt of public instruction, report fully to him upon any partic- ^'^^^'^ ^ 
ular matter; and such report shall be in such form, and so authen- 
ticated, as the superintendent shall, from time to time, require. 

8 29 For cause shown, and after giving notice of the charge Removal oir 

iTiembers of 

and opportunity of defense, the superintendent of public instruc- board 
tion may remove any member of a board of education. Willful 
disobedience of any lawful requirement of the superintendent, 
or a want of due diligence in obeying such requirement or willful 
violation or neglect of duty is cause for removal. 

* Added by chapter 335, laws of 190:i. 



«4 



Consolidated school law 



ARTICLE 5 



Dissolution 
-of common 
^school dis- 
tricts upon 
consent 



Annexation 
of territory 
to union 
<iistrict 



Alteration 
-of union 
-district 



Jncrease or 
-diminution 
of members 
-of board of 
-education 



is'umber 
restricted 



Special 
meeting for 
•dissolution 
of union 
■district 



Of tJie alteration of iinioji free scJiool districts, the increase or 
di))iinutio)i of nnniher of memhers of hoards of education, and 
of dissolutio7i of union free scJiool districts 

*§ 30 WLeueve?' one or more common school districts shall 
adjoin any union free school district whose limits do not cor- 
resi^ond with those of an incorporated village or city, ui)on 
the written consent of the trustees of all the districts to be 
affected, the school commissioner having jurisdiction may dis- 
solve such common school district or districts and annex the 
territory of such district or districts so dissolved to such union 
free school district, and the school commissioner having juris- 
diction may alter any union free school district whose limits 
do not correspond with those of any incorporated village or city, 
in the manner provided by title six of this act, but no such 
district shall be divided upon which there is an outstanding bonded 
indebtedness. 

§ 31 At any annual meeting held in any union free school 
district whose limits do not correspond with those of any in- 
corporated village or city, the qualified voters may determine 
by a majority vote of such voters present and voting, to be 
ascertained by taking and recording the ayes and noes, to in- 
crease or diminish the number of members of the board of 
education of such district. If such board shall consist of less 
than nine- members, and such meeting shall determine to increase 
the number, such meeting shall elect such additional number 
so determined upon, and shall divide such number into three 
several classes, the first to hold office one year, the second two 
years and the third three years. If such meeting shall deter- 
mine to diminish the number of such members composing said 
board, no election shall be held in such district to fill the 
vacancies of the outgoing member or members thereof, until 
the number of members shall correspond to the number which 
such meeting shall determine to compose such board. No 
board of education of such district shall consist of less than 
three nor more than nine members. 

§ 32 In any union free school district established under the 
laws of this state, and which shall have been established for the 
period of one year or more, it shall be the duty of the board of 
education, upon the application of fifteen resident taxpayers of 
such district, to call a special meeting in the manner prescribed 
by law, for the purpose of determining whether application shall 
be made in the manner hereinafter provided, for the dissolution 



*As amoiidi d by section 1, oiapter ,"40, laws of 1S99. 



UXIOX FItEE SCHOOLS 85 

TITLE 6 

■of sucli union free school district, and for its reorganization as 
a common school district or districts. 

§ ;J3 Whenever, at any such meeting called and held as afore- Meetings 

^ " '^ not to be 

said, it shall oe determined by a majority vote of the legal voters oftener 
pre.sent and voting, to be ascertained by taking and recording enzJauy 
the ayes and noes, not to dissolve such union free school district, 
no other meeting for a similar purjjose shall be held in said dis- 
trict within three years from the time the first meeting was 
held, and whenever at any such meeting called and held as afore- Proceed- 

ings upoD 

said it shall De determined by a two-thirds vote of the legal ^^'j^'"^''^^ 
voters present and voting, to be ascertained by taking and re- 
cording the ayes and noes, to dissolve such union free school 
district, it shall be the duty of the board of education to present 
to the school commissioner of the commissioner district in 
which said union free school is situated, a certified copy of the 
call, notice and proceedings. If such school commissioner shall ^!^^^°^^^ **' 
approve the proceedings of said meeting, he shall certify the '"^^ 
same to the board of education. Such approval shall not take 
effect until the day preceding the first Tuesday of August next 
succeeding; but after that date such district shall cease to be a 
union free school district. 

§ 34 If any union free school district dissolved under the fore- ^iJ^^l^^^ 
going provisions shall have been established by the consolida- certaS*" 
tion of two or more districts, it shall be lawful for such school ^ 
commissioner to order that its territory be divided into two or 
more districts, to correspond, so far as practicable, with the 
districts theretofore consolidated. 

§ 35 If there shall be, in such dissolved union free school dis- Icldf^i^' 
trict, an academy which shall have been adopted as the academic t?ustees'' 
department of the union free school, under the provisions of 
title nine, chapter five hundred and fifty-five of the laws of 
eighteen hundred and sixty-four, and any amendment thereof, 
or under this act shall, upon the application of a majority of the 
surviving resident former trustees or stockholders, be trans- 
ferred by the board of education to said former trustees or ' 
stockholders. 

§ 36 Such school commissioner may make his approval of the approvai^of 
proceeding of any such meeting held as aforesaid conditional fnir^*^" 
upon the payment, by the district which has been most greatly 
benefited by the consolidation in the way of buildings and other 
improvements to the other district or districts into which the . 
said union free school district is divided, of such sum or sums of 
money as they may deem equitable. 

§ 37 All moneys remaining in the hands of the treasurer of ^^W"" 
the union free school district when the order of dissolution shall h^a'Sd^^''" 



86 



Oo^'SOLIDATElD SCHOOL LAW 



Annual 
meetings of 
districts 
created by 
dissolution 



Effect of 
disapproval 
of proceed- 
ings 



Superin- 
tendent to 
be notified 
of dissolu- 
tion 



Appeal to 
superin- 
tendent 



Provisions 
applicable 

to schools 
heretofore 
organized 



Repeal 



Exemption 



take effect sliall be apportioned equitably among tlie several 
districts into which such union free school district is divided, 
and it shall be paid over to the collectors or treasurers of such 
districts when they shall have been elected and have qualified 
according to law. 

§ 38 The district or districts formed by the dissolution of such 
union free school district shall hold its or their annual meeting 
or meetings on the first Tuesday of August, next after the dis- 
solution of such union free school district, and shall elect officers 
as now required by law. 

§ 39 If such school commissioner shall not approve the pro- 
ceedings of any such meeting, held as aforesaid, for the purpose 
of dissolving a union free school district, no other meeting shall 
be held in such district, for a similar purpose, within three years 
from the time the first meeting was held. 

§ 40 Whenever the proceedings of a meeting, held as afore- 
said, for the purpose of dissolving a union free school district, 
shall have been approved by such school commissioner and shall 
have been certified by him to the board of education, it shall be 
the duty of the board of education of the district affected forth- 
with to notify the superintendent of public instruction, and to 
furnish him copies of the call, notice, proceedings of the meet- 
ing, and the action taken by such school commissioner thereon. 

^ 41 Any person or persons conceiving himself or themselves 
aggrieved by the action, proceedings or decision of any special 
meeting held under the provisions of this article, or by the order, 
decision, action or proceedings of any school commissioner under 
or pursuant to the provisions of this article, may appeal there- 
from to the superintendent of public instruction, who is hereby 
authorized and required to examine and decide the same; and 
his decision shall be final and conclusive. 

§ 42 The provisions of this title shall apply to all union free 
schools heretofore organized pursuant to the provisions of 
chapter four hundred and thirty-three of the laws of eighteen 
hundred and fifty-three, and the amendments thereof, and of 
chapter five hundrr/l and fifty-five of the laws of eighteen hun- 
dred and sixty-four, and the amendments thereof; and sections 
nine and ten of this title, are made applicable to all school dis- 
tricts established by and organized under special statutes, except 
those of cities; and all acts or parts of acts inconsistent with and 
repugnant to said sections nine and ten of this title are hereby 
repealed, So much of section seven of this title as relates to the 
election of a clerk shnll not nffect the towns of Cortlandt 8'^'^ 
White Plains in Westchester county. 



ACQUISITIO.N OF SCHOOL-HOUSE SITES 87 

TITLE 9 

TITLE IX 

Acquisition of school-house sites 

*Section 1 Land for the site of a scJiool-houee in aiiy ^/^^^^'g^f'^or 
{sclioiol dis'trict, or additional land adjoining to and for the ^'*®* 
■enlargement of an established site in any school district, 
may be acquired in cases where the owner or owners there- 
of, or glome of them, shall not consent to sell the same for 
such purpose, or the trustee, trustees or board of education of 
the district can not agree with such owner or owners or some of 
them, upon the price or value thereof, as real property for public 
use is taken under and pursuant to the laws of the state. The 
trustee or trustees or board of education of any such school dis- 
trict is or are hereby authorized and empowered to institute, 
<?aiTy on and complete the proceedings necessary for acquiring 
fiaid land, and the title thereto, for and on behalf of such district. 
The method of procedure to acquire such land shall be that pre- ^^/o'g^g*^^^°^ 
scribed for the condemnation of real property for public use in 
title one of chapter twenty-three of the code of civil procedure, 
and any amendment thereof, entitled "proceedings for the con- 
demnation of real property," and known as the "condemnation 
law." 

§ 2 The provisions of the foregoing section shall not apply to ot'^s.^uon" 
cities of more than thirty thousand inhabitants nor shall it 
be lawful under said section to acquire title to less than the 
whole of any city or village lot, with the erections thereon, if t'am, not to 
any, nor to any premises occupied as a homestead by the 
owner or owners thereof, without the consent of such owner or 
owners; nor beyond the corporate limits of cities, to any garden 
or orchard, or any part thereof, nor to any part of any yard 
or in closure necessary to the use and enjoyment of buildings, 
or any fixtures or erections for the purposes of trade or manu- 
factures, without the consent of the owner or owners thereof. 

§ 3 Boards of education in cities of not more than thirty thou- ^.^^J^t'ion, 
sand inhabitants are hereby clothed with all the powers of telr*™'" 
trustees and the title to any and all lands acquired in any city 
under the provisions of section one of this title, shall vest in '^^^^^^ 
the board of education thereof, or such other corporate body 
as is by law vested with the title to the school lands in such 
city. But nothing herein contained shall be construed to limit ^'■°'''^'' 
or circumscribe the powers and duties heretofore lodged in such 
board of education by law. 

§ 4 The provisions of section one of this title shall be ex- |'^?;i^'^°\o 
tended and apply to the city of Brooklyn, and the board of Broouyn 

*As amended by section 1, cliap'er 480, laws of I90I. 



88 



OONSOLIDATEiD SCHOOL LAW 



Provisions 
applicable 
to districts 
organized 
under spe- 
cial laws 



Superin- 
tendent to 
appoint 
teachers' 
Institute 



Duration, 
time and 
place of 
boldlug 
same 



Employ- 
ment of 
conductor, 
etc. 



Discretion- 
ary powers 



Regula- 
tions 



Visitation 
of insti- 
tutes by 
superin- 
tendent 



Notice of 
time and 

glace of 
oldlng 
Institute 



education of that city is hereby clothed with all the powers of 
trustees under the provisions of this title, and the title to any 
and all lands acquired in said city under the provisions of this 
act shall vest in the board of education thereof. The proceed- 
ings mentioned in section one of this title may be authorized by 
a vote of said board of education and the petition may be 
signed by the officers of said board. 

§ 5 The provisions of section one of this title shall apply to* 
union free school districts and to districts organized under 
special laws; and the trustee or trustees of such districts, and 
the boards of education organized under special laws shall be 
and are hereby clothed with all the powers vested in trustees 
in this title. 

TITLE X 

Teachers' institutes 

Section 1 It shall be the duty of the superintendent of publia 
instruction to appoint a teachers' institute once in each year in 
each school commissioner district of the state, for the benefit 
and instruction of the teachers in the public schools, and of 
such as intend to become teachers, with special reference to the 
presentation of subjects relating to the principles of education 
and methods of instruction in the various branches of study 
pursued in the schools. After consultation with the school 
commissioners, the said superintendent shall have power to 
determine the duration of each institute and to designate the 
time and place of holding the same. He shall also have power 
to employ suitable persons, at a reasonable compensation, to 
supervise and conduct the institutes, and, in his discretion, ta 
provide for such additional instruction as he may deem advis- 
able and for the best interests of the schools. He may also, in 
his discretion, appoint an institute for two or more commis- 
sioner districts. He shall establish such regulations for the 
government of institutes as he may deem best; and he may 
establish regulations in regard to certificates of qualification or 
recommendation which may be issued by school commissioners, 
as will, in his judgment, furnish incentives and encouragement 
to teachers to attend the institutes. So far as consistent with 
other duties imposed upon him, the superintendent shall visit 
the institutes, or cause them to be visited by representatives of 
the department of public instruction, for the purpose of examin- 
ing into the course and character of instruction given, and of 
rendering such assistance as he may find expedient. 

§ 2 It shall be the duty of every school commissioner, subject 
always to the advice and direction of the superintendent of 
public instruction, and in such form and manner as may be 



Teachers' institutes S9- 

TITLE 10 

deemed roost effectual, to notify all teachers, trustees, boards 
of education and others known to him, who may desire to be- 
come teachers under his jurisdiction, of the time when and the 
place where the institute will be held. The school commissioner Duty of 

■^ school corri- 

shall make all necessary arrangements for holding the institute nnssiouer 
when appointed; see that a suitable room is provided; attend 
to all the necessary details connected therewith; assist the 
conductor in organization; keep a record of all teachers in 
attendance; and notify the trustees of the number of days 
attended by the teachers of the various districts, which shall 
be the basis of pay to such teacher for attendance as hereafter 
provided. He shall also transmit to the superintendent of pub- Reportto 
lie instruction at the close of each institute, in such form, and tendent 
within such time as the superintendent shall prescribe, a full 
report of the institute, including a list of all teachers in attend- 
ance, the number of days attended by each teacher, with such 
other statistical information as may be required. He shall statement 
present a full statement of all expenses incurred by him in ^''''^^^ 
carrying on the institute, with vouchers for all expenditures 
made, accompanying the same by an aflSdavit of the correctness 
of statements made and of accounts presented. 

§ 3 The school commissioner shall have the right to hold an ^^f^^'*i*^(.|- 
institute when appointed in any school building in any district schoof 
under such commissioner's jurisdiction which receives fjublic 
money from the state, without expense therefor to the state 
beyond a reasonable allowance to said district for lighting, 
heating and janitor service, provided always that due and 
proper care shall be maintained, and the school building left in 
the like condition as found as regards cleanliness and neatness. 

*§ 4 All schools in school districts and parts of school dis- scho "if '^ 
tricts within any school commissioner district wherein an session 
institute is held, not included within the boundaries of an incor- 
porated city, except as hereinafter provided, shall be closed 
during the time such institute shall be in session. The closing 
of a school within the school commissioner district wherein an 
institute shall be held, at which a teacher has attended, shall not 
work a forfeiture of the contract under which such teacher was 
employed. In all districts having a population of more than five 
thousand, and employing a superintendent whose time is ex- 
clusively devoted to the supervision of the schools therein, the 
schools may be closed or not at the option of the boards of edu- 
cation in such districts. The trustees of every school district Jovteill&r 
are hereby directed to give the teacher or teachers emj)loyed by 
them, the whole of the time spent by them in attending at an 

*As amended by Rectlon 5. chapter 51?, laws of 1R97. 



so 



OONSOLIDATBD SCHOOL LAW 



TITLE 10 



Attendance 
of teachers 
4inder con- 
tract 



Allowance 
of attend- 
ance In 
■apportion- 
ment of 
state 
money 



Eeport of 
trustees 
and boards 
of educa- 
<tion 



■Superin- 
tendent 
may in- 
■clude dis- 
tricts in 
.apportlon- 
tnent 



Proviso 



Failure of 
teacher to 
attend in- 
stitute 



SFailiu'e of 
trustees to 
close 
■schools 



Teachers' 
•wages to 
■go on 



Payment of 
expenses 



institute or institutes held as hereinbefore stated, without de- 
ducting anything from the wages of such teacher or teachers for 
the time so spent. All teachers under a contract to teach in any 
commissioner district shall attend such institute so held for that 
district, and shall receive wages for such attendance. 

§ 5 In the apportionment ot public school money, the schools 
thus closing in any school term shall be allowed the same 
average pupil attendance during such time, as was the average 
weekly aggregate during the week previous to such institute, 
and any school continuing its sessions in violation of the above 
provision shall not be allowed any public money based upon the 
aggregate attendance for the period during which the institute 
was held. Trustees and boards of education in such school 
districts and parts of school districts shall report, in their 
annual reports to the school commissioners, the number of days 
and the dates thereof on which a teachers' institute was held in 
their districts during the school year, and whether schools under 
their charge were or were not closed during such days; and 
whenever the trustees' report shows a district school has been 
supported for the full time required by law, including the time 
spent by the teacher or teachers in their employ in attendance 
upon such institute, and that the trustees have given the 
teacher or teachers the time of such absence, and have not 
deducted anj^thing from his or their wages on account thereof, 
the superintendent of public instruction may include the dis- 
trict in his apportionment of the state school moneys, and direct 
that it be included by the school commissioner or commissioners 
in their apportionment of school moneys; provided, always, 
that such school district be in all other respects entitled to be 
included in such apportionment. 

*§ 6 Willful failure on the part of a teacher to attend a 
teachers' institute as required, shall be considered sufficient 
cause for the revocation of such teacher's license, and a willful 
failure on the part of trustees to close their schools during the 
holding of an institute as required, shall be considered sufficient 
cause for withholding the public moneys to which such districts 
would otherwise be entitled. Any person under contract to teach 
in a school in any commissioner district is required to attend an 
institute, if held for that district, even though at the time the 
school is not in session, and shall be entitled to receive wages 
for such attendance. 

§ 7 The treasurer shall pay, on the warrant of the comp- 
troller, to the order of any one or more of the school commis- 



•■As amended by section IT, chapter 264, laws of 1896. 



Teachers' instituteis 91 

TITLE 10 

sioners, such sum or sums of money as the superintendent of 
public instruction shall certify to be due to them for expenses 
in holding a teachers' institute; and, upon the like warrant 
and certificate to pay to the order of any persons employed by 
the superintendent as additional instructors to conduct, instruct, 
teach or supervise any such teachers' institute. 

§ 8 There shall be annually appropriated out of the f ree ^^'p^'il^^Via- 
school fund the sum of thirty thousand dollars for the main-^""" 
tenance of teachers' institutes. 

*§ 9 There shall be annually appropviated ont of the f ice school fnsutite» 
fund the sum of six thousand dollars for the establishment and 
maintenance of summer institutes in accordance with the pro- 
visions of this section. It shall be the duty of the superintendent 
of public instruction to establish and maintain three summer in- 
stitutes having a course of at least three weeks' duration for the 
training and instruction of teachers for the common schools of 
the state, to be located at three convenient and accessible points 
therein to be selected by him. Such institutes shall be supplied 
with proper instructors, to be appointed by the state superintend- 
ent for that purpose, utilizing so far as practicable, those who 
are employed as institute conductors. Admission to said insti- 
tutes and all the advantages thereof, shall be free to all teachers 
of the state and those preparing for teaching therein. The super- 
intendent of public instruction shall establish such regulations 
for the government of such summer institutes as he may deem 
best, and may establish regulations in regard to examinations 
thereat and certificates of qualification to be issued to graduates 
therefrom as shall, in his judgment, best furnish incentives and 
encouragement to teachers to attend such institutes. The con- 
ductor in charge of such institutes shall transmit to the superin- 
tendent of public instruction at the close thereof, in such form 
and at such time as the superintendent shall prescribe, a full 
report of such institute, including a list of all the teachers in at- 
tendance, the number of days attended by each teacher, together 
with such other statistical information as the superintendent may 
require. He shall present a full statement of all the expenses in- 
curred by him in carrying on the institute, with vouchers for all 
expenditures made, accompanying the same by an affidavit of the 
correctness of the statements made and accounts presented. The Appiopna- 
sum of six thousand dollars is hereby appropriated out of the "°'' 
free school fund for the purposes of carrying out the provisions 
of this act. 

♦Added to title 10 by chapter 156, laws of 1896, 



•92 Consolidated school law 

TITLE 11 

TITLE XI 

Teachers' training classes 

fpifropria- Sectioii 1 There shall be annually appropriated out of the 
instraction mcome of the United States deposit fund, not otherwise appro- 
priated, the sum of thirty thousand dollars and out of the free 
school fund the sum of thirty thousand dollars for the instruc- 
tion of competent persons in academies and union schools, in the 
science and practice of common school teaching, under a course 
to be prescribed by the superintendent of public instruction, 
fionof*" § ^ "^^^ superintendent of public instruction shall designate 

IndSSis the academies and union schools in which such instruction 
shall be given, distributing them among the school commissioner 
districts of the state, as nearly as may well be, having reference 
to the number of school districts in each, to location and to 
the character of the institutions selected. 
«f cia"ssls°° § 3 Every academy and union school so designated shall 
instruct a class of not less than ten nor more than twenty-five 
scholars, and every scholar admitted to such class shall con- 
Jtfe^nciince tinuo undcr instruction not less than sixteen weeks. When- 
?ustr™tion ever it shall be shown to the satisfaction of the superintendent 
of public instruction that any pupil attending such class or 
classes, has been prevented from attending the same for the 
full term of sixteen weeks, or has attended the first full term, 
but not the full time in the second term, during any one year; 
or that for any reason satisfactory to such superintendent, said 
class or classes have not been held for the full term of sixteen 
of p^^'^°® weeks, such superintendent may excuse such default and allow 
to the trustees of the academy or union free school in which said 
class or classes shall have been instructed, pay for such scholar 
or scholars for the time actually spent in attendance, or during 
which said class or classes shall have been under instruction, 
at the rate of one dollar for each week's instruction, as pro- 
©"admis"^ vided in section five of this title. The superintendent shall pre- 
berV™' scribe the conditions of admission to the classes, the course 
of instruction and the rules and regulations under which said 
instruction shall be given, and shall, in his discretion, determine 
the number of classes which may be formed in any one year, in 
an academy or union school, and the length of time exceeding 
sixteen weeks during which such instruction may be given, 
instructiou g 4 lustructiou shall be free to all scholars admitted to such 
classes, and who have continued in them the length of time 
required by the third section of this title. 
foTml^ee^s § 5 The trustces of all academies and union schools in which 
for^instruc- ^^^^ instructiou shall be given shall be paid from the appro- 



State scholarships in Oorxell university 93 

TITLE 12 

priations named in the first section of this title at the rate of one 
dollar for each week's instruction for each scholar who has 
attended for the term of time as required by section three of 
this title, on the certificate of the superintendent, to be furnished 
to the comptroller. 

§ 6 The appropriation provided by this act, for the instruc- Expenses ot 
tion in academies and union schools in the science and practice ^?fo^ji^P®'^' 
of common school teaching, shall be deemed to include, and 
shall include, the due inspection and supervision of such iustruc- 
tiou by the superintendent of public instruction, and the 
expenses of such inspection and supervision shall be paid out of 
said appropriation on vouchers certified by the superintendent. 

§ 7 Each class organized in any academy or union school of^ciasles 
under appointment by the superintendent for instruction in the 
-science and practice of common school teaching, shall be subject 
to the visitation of the school commissioner of the district in 
which such academy or union school is situated; and it shall 
te the duty of said commissioner to advise and assist the prin- fJJi^^ofcom- 
cipals of said academies or union schools in the organization '^"ssioners 
-and management of said classes, and at the close of the term 
-of insti'uction of said classes, under the direction of the super- 
intendent, to examine the students in such classes, and to issue 
teachers' certificates to such as show moral character, fitness 
:and scholastic and professional qualifications, worthy thereof. 

TITLE XII 
state scholarships in Cornell university 
Section 1 The several departments of study in Cornell uni- menteopen 
Tersity shall be open to applicants for admission thereto at the cams^ 
lowest rates of expense consistent with its welfare and efficiency, 
and without distinction as to rank, class, previous occupation 
or locality. But, with a view to equalize its advantages to all l^§^^^^ 
parts of the state, the institution shall receive students to the ""^'^^ 
number of one each year from each assembly district in this 
state, to be selected as hereinafter provided, and shall give 
them instruction in any or in all the prescribed branches of 
study in any department of said institution, free of any tuition 
fee or of any incidental charges to be paid to said university, 
unless such incidental charges shall have been made to com- 
pensate for materials consumed by said students or for damages 
needlessly or purposely done by them to the property of said 
university. The said free instruction shall, moreover, be ac- 
corded to said students in consideration of their superior ability, 
and as a reward for superior scholarship in the academies and 
public schools of this state. Said students shall be selected as suilent? 



94 



Consolidated school law 



Competi- 
tive exam 
Illation 



Qualifica- 
tions of ap- 
plicants 



Subjects 
for exam- 
iuations 



Certificate 
of scholar- 
ship, filing 
of 



Vacancies 
how filled 



Leave of 
absence, 
when 
granted 



the legislature may from time to time direct, and until other, 
wise ordered as follows: 

1 A competitive examination, under the direction of the 
department of public instruction, shall be held at the county 
court-house in each county of the state, upon the first Saturday 
of June, in each year, by the city superintendents and the school 
commissioners of the county. 

2 None but pupils of at least sixteen years of age and of 
six months' standing in the common schools or academies of 
the state, during the year immediately preceding the examina- 
tion, shall be eligible. 

3 Such examination shall be upon such subjects as may be- 
designated by the president of the university. Question papers 
prepared by the department of public instructi'^n shall be used, 
and the examination papers handed in by the diiferent candi- 
dates shall be retained by the examiners and forwarded to the 
department of public instruction. 

4 The examiners shall, within ten days after such examina- 
tion, make and file in the department of public instruction a 
certificate, in which they shall name all the candidates examined 
and specify the order of their excellence, and such candidates 
shall, in the order of their excellence, become entitled to the 
scholarships belonging to their respective counties. 

5 In case any candidate who may become entitled to a scholar- 
ship shall fail to claim the same, or shall fail to pass the entrance 
examination at such university, or shall die, resign, absent him- 
self without leave, be expelled or, for any other reason, shall 
abandon his right to or vacate such scholarship either before 
or after entering thereupon, then the candidate certified to be 
next entitled in the same county shall become enf-illed to the 
same. In case any scholarship belonging to any county shall 
not be claimed by any candidate resident in that county, the 
state superintendent may fill the same by appointing thereto 
some candidate first entitled to a vacancy in some other county, 
after notice has been served on the superintendent or commis- 
sioners of schools of said county. In any such case, the presi- 
dent of the university shall at once notify the superintendent 
of public instruction, and that officer shall immediately notify 
the candidate next entitled to the vacant scholarship of his 
right to the same. 

C Any state student who shall make it appear to the satisfac- 
tion of the president of the university that he requires leave of 
■absence, for the purpose of earning funds with which to defray 
his living expenses while in attendance, may, in the discretion of 
the president, be granted such leave of absence, and may be 



Common school and public libaries 95 

TITLE 13 

allowed a period not exceeding six years from the commence- 
ment thereof for the completion of his course at said university. 

7 In certifying the qualifications of the candidates, prefer- Preference 
ence shall be given (where other qualifications are equal) to the'^"''^ 
children of those who have died in the military or naval service 

of the United States. 

8 Notices of the time and place of the examinations shall be|^^;^ff^^' 
given in all the schools having pupils eligible thereto, x)rior to"'''" 
the first day of January in each year, and shall be imblished 

once a week, for three weeks, in at least two newspapers in each 
county immediately prior to the holding of such esaiviinations. 
The cost of publishing such notices and the necessary expenses 
of such examination shall be a charge upon each county, 
respectively, and ishall be audited and paid by the board of 
supervisors thereof. The state superintendent of public instruc-FtatesiVr- 

iutendeut 

tion shall attend to the giving and publishing of the notices 
hereinbefore provided for. He may, in his discretion, direct 
that the examination in any county may be held at some other ' 
time and place than that above specified, in which case it Fhall 
be held as directed by him. He shall keep full records in his 
department of the reports of the different examiners, showing 
the age, post-oflSce address and standing of each candidatt', and 
shall notify candidates of their rights under this act. He shall 
determine any controversies which may arise under the pro- 
visions of this act. He is hereby charged with the general 
supervision and direction of all matters in connection with the 
filling of such scholarships. Students enjoying the privileges LUb^nt-eg 
of free scholarships shall, in common with the other students ^°s"pd'!.n 
of said university, be subject to all of the examinations, rules ^*"'^''"" 
and requirements of the board of trustees or faculty of said 
university, except as herein provided. 

TITLE XIII 
Common school and public libraries 
Section 1 So much of the school library money as shall be [^^'Jj,-;^^^ 
needed for that purpose shall be apportioned among the several mTnTaT 
cities and school districts by the state superintendent of public turTSr '' 
instruction, who may, so far as consistent with law, make, alter 
or repeal any rules that he may deem proper for regulating the 
expenditure of the school library money and the administration 
and care of school libraries established or maintained under 
authority of this act ; provided, that no portion of the school 
library money shall be expended except for books approved by 
the said superintendent. Said school libraries shall consist of 
reference books for use in the school-room, suitable supplement- 



96 



Consolidated school law 



Require- 
ments for 
share in ap 
portion- 
ment 



Apportion- 
ment to 
joint dis- 
tricts 



Disposition 
of unappor- 
tioned 
moneys 



Use, etc., of 

school 

library 



Existing 
laws and 
rules appli- 
cable 



Gifts and 
devises 



Transfer of 
boolis, etc., 
to free pub- 
lic libi a 1 38 



arj reading books for cliildreii, or books relating to branches of 
studj being pursued in the school and pedagogic books as aids 
to teachers. And no city or school district shall share in the 
apportionment unless it shall raise and use for the same pur- 
pose an equal amount from taxation or other local sources, and 
shall also comply with the requirements of the superintendent 
as to the care of such libraries and otherwise. Library moneys 
shall be apportioned to the school districts and parts of school 
districts joint with parts in any city or in any adjoining county 
which shall be entitled to participate therein as follows: To 
each of said districts an amount equal to that which shall have 
been raised in said district for library purposes, either by tax 
or otherwise; and if the aggregate amount so raised in the dis- 
tricts within the county, shall exceed the sum apportioned to 
the county, the said districts respectively shall be entitled to 
participate in such apportionment pro rata to the total amount 
apportioned to the county. All school library moneys unappor- 
tioned by school commissioners and remaining in the hands of 
county treasurers shall in each succeeding year, be added to the 
school library money apportioned by the superintendent of 
public instruction to the counties of the state. 

^ 2 The school library shall be a part of the school equipment 
and shall be kept in the school building at all times, and shall 
not be used as a circulating library, except that, so far as the 
rules fixed by the state superintendent shall allow, teachers and 
school officers or pupils, with the leave of the librarian, may 
borrow from said library any book not needed for reference in 
the school-room, but such persons shall not borrow more than 
one volume at a time and shall not keep the same more than two 
weeks. The board of education or trustees shall appoint a 
teacher of the schools under their charge as librarian, who, with 
the trustees, shall be responsible for the safety and proper care 
of the books, and shall annually, and whenever required, make 
such reports concerning the library as the state superintendent 
may direct. 

§ 3 All existing provisions of law and rules established by 
the superintendent of public instruction for the management of 
district libraries shall hold good as to the management of school 
libraries till altered by or in pursuance of law. 

§ 4 Each city and school district in the state is hereby author- 
ized to raise moneys by tax in the same manner as other school 
moneys are raised, or to receive moneys by gift op devise, for 
starting or extending or caring for the school library. 

§ 5 Any board of education in any city or union free school 
district, or any duly constituted meeting in any other district, is 



C0MM0^' SCHOOL AND PUBLIC LIBRARIES 97 

TITLE 13 

hereby authorized to give any or all of its books or other library 
property to any township or other free public library under 
state supervision, or to aid in establishing such free public 
library, provided it is free to the people of such city or district 
A receipt from the officers of the said free public library, and an f^^^^ "' 
approval of the transfer under seal by the regents of the univer- ^^thoritieg 
sity, shall forever thereafter relieve the said school authorities 
of further responsibility for the 'said library and property so 
transferred. 

§ Any books or other library property belonging to anv dis- Pubuc 

•^ co^ libraries 

trict library, and which have not been in direct charge of a {foo^sfew, 
librarian duly appointed within one year, may be taken and nbr'^iei"* 
shall thereafter be o^vned by any public library under state 
sui^ervision, which has received from the regents of the univer- 
sity w^ritten permission to collect such books or library property, 
and to administer the same for the benefit of the public; pro- 
vided, that said books or other library property shall be found 
in the territory for which such public library is maintained, as 
defined in its charter or in the permission granted by the regents; 
and further provided that, on w^ritten request of the school 
authorities, any dictionaries, cyclopedias and pedagogic books 
shall be placed in the school library of the district to which such 
books originally belong. Any person, association or corpora- ^^'^^^^ni^ 
tion having possession of books or other property belonging tog?,°ariM"* 
any school, district or other public library, except books regu 
larly borrowed and charged for a period not yet expired, shall 
deliver the same within one month from the passage of this law 
to the legally appointed librarian of such library, or of the free 
public library, duly authorized to take the same as provided in 
this section, and willful neglect or refusal to comply with this 
provision shall be a misdemeanor. 

ij 7 The public shall not be entitled to use any library, now or i^biicn^ 
hereafter in the custody of the school authorities, but said School 
authorities may appoint three trustees who shall have the ^^^^^^ 
powers, duties and responsibilities of trustees of public libraries 
incorporated by the regents, and thereafter the school authorities 
may transfer to the custody of said trustees for the purpose of 
a circulating library any of their library property as provided in 
section five. 

S 8 The state superintendent of public instruction is hereby '^gor'°^^' 
authorized to withhold its share of public, school moneys from "iperin.**^ 
any city or district w^hich uses school library moneys for any 
other purpose than that for which they are provided, or for any 
willful neglect or disobedience of the law or the rules or orders 
of said superintendent in the premises. 
7 



UONSOLIDATED SCHOOL LAW 



AypMtU to 

•ap«rln- 

teBdisnt 



Baal 



Sap«rln- 
t«Bdeut'l 



lUoM^of 



Oapfea 

tkxreof 
vrtAeao* 



TITLE XIV 

Appeals to the Superintendent of Public Instruction \ 

Section 1 A.ny person conceiving himself aggrieved in conse- 
quence of any decision made: 

1 By any school district meeting; 

2 By any school commissioner or school commissioners and 
other ofificers, in forming or altering, or refusing to form or alter, 
any school district, or in refusing to apportion any school moneys 
to any such district or part of a district; 

3 By a supervisor in refusing to pay any such moneys to any 
iuch district; 

4 By the trustees of any district in paying or refusing to pay 
any teacher, or in refusing to admit any scholar gratuitously 
int© any school; 

5 By any trustees of any school library concerning such 
library, or the books therein, or the use of such books; 

6 By any district meeting in relation to the library; 

7 By any other official act or decision concerning any other 
matter under this act, or any other act pertaining to common 
schools, may appeal to the superintendent of public instruction, 
who is hereby authorized and required to examine and decide 
the same; and his decision shall be final and conclusive, and not 
subject to question or review in any place or court whatever. 

§ 2 The superintendent, in reference to such appeals, shall 
have power: 

1 To regulate the practice therein. 

2 To determine whether an appeal shall stay proceedings, and 
prescribe conditions upon which it shall or shall not so operate. 

3 To decline to entertain or to dismiss an appeal, when it 
shall appear that the appellant has no interest in the matter 
ap])ealed from, and that the matter is not a matter of public 
concern, and that the person injuriously affected by the act or 
decision appealed from is incompetent to appeal. 

4- To make all orders, by directing the levying of taxe* or 
otherwise, which may, in his judgment, be proper or necessary 
to give effect to his decision. 

§ 3 The superintendent shall file, arrange in the order of t'me, 
and keep in his office, so that they may be at all times acces- 
sible, all the proceedings on every appeal to him under this title, 
including his decision and orders founded thereon; and copies 
of all such papers and proceedings, authenticated by him under 
his seal of office, shall be evidence equally with the originals. 



Miscellaneous provisions • 99 

TITUi U 

TITLE XV 

Hiscellaneous provisions 

ARTICLE 1 

Of loss of scliool moneys apportioned; of forfeiture hy school 
officers by reason of neglect to sue for penalties; of costs in 
suits which might have been the subjects of appeal to the 
superintendent of public instruction; of costs in suits, actions 
and proceedings other than appeals to the superintendent of 
public instruction 

Section 1 Whenever the share of school moneys or any portion ^^*' 
thereof, apportioned to any town or school district, or any ^m^SST 
money to which a town or school district would have been 
entitled, shall be lost, in consequence of any willful neglect of 
ofiBcial duty by any school commissioner, town clerk, trustees 
or clerks of school districts, the officer or officers guilty of such 
neglect shall forfeit to the town, or school district so losing Forfeitur. 
the same, the full amount of such loss with interest thereon. 

§ 2 Where any penalty for the benefit of a school district, orN^egJ^ctto 
of the schools of any school district, town, school commissioner pe"**^"®* 
district or county, shall be incurred, and the officer or officers, 
whose duty it is by law to sue for the same, shall willfully and 
unreasonably refuse or neglect to sue for the same, such officer 
or officers shall forfeit the amount of such penalty to the same Forfeitur* 
use, and it shall be the duty of their successor or successors 
in office to sue for the same. 

§ 3 In any action against a school officer or officers, includ- a|aiM* 
ing supervisors of towns, in respect to their duties and powers cerMnoiui- 

Ing supar- 

under this act, for any act performed by virtue of or under the ^isor» 
color of their offices, or for any refusal or omission to perform 
any duty enjoined by law, and which might have been the 
subject of an appeal to the superintendent, no costs shall be 
allowed to the plaintiff, in cases where the court shall certify 
that it appeared on the trial that the defendants acted in good 
faith. But this provision shall not extend to suits for penalties, 
oor to suits or proceedings to enforce the decisions of the 
superintendent. 

§ 4 Whenever the trustees of any school district, or any school f^^^ *' 
district officer or officers, have been or shall be instructed by a °^'^' 
resolution of the district, at a meeting called for that purpose, 
to defend any action brought against them, or to bring or de- 
fend an action or proceeding touching any district property or 
claim of the district, or involving its rights or interests, or to 



100 



Consolidated school law 



Costs and 
expenses 
thereof 



Actions 
■wiiliout 
direction 
Of district 



Tax for 

costs and 
expeuses 



Proviso 



Appeal on 
refusal to 
levy tax 



Notice to be 
given 



Appoint- 
ment of in- 
habitant to 
protect 
Interest 



Service of 
copy of 
account 
upon town 
clerii 



Record of 
notice 



continue any such action or defense, all their costs and reason- 
able expenses, as well as all costs and damages adjudged 
against them, shall be a district charge and shall be levied by 
tax. If the amount claimed by them be disputed by a district 
meeting, it shall be adjusted by the county judge of any county 
in which the district or any part of it is situated. 

§ 5 Whenever such trustees or any school district officer shall 
have brought or defended any such action or proceeding, with- 
out any such resolution of the district meeting, and after the 
final determination of such suit or proceeding, shall present to 
any regular meeting of the inhabitants of the district, an ac- 
count, in writing, of all costs, charges and expenses paid by him 
or them, with the items thereof, and verified by his or their oath 
or affirmation, and a majority of the voters at such meeting 
shall so direct, it shall be the duty of the trustees to cause the 
same to be assessed upon and collected of the taxable property 
of said district, in the same manner as other taxes are by law 
assessed and collected; and, when so collected, the same shall 
be paid over, by an order upon the collector or treasurer to the 
officer or officers entitled to receive the same; but this pro- 
vision shall not extend to suits for penalties, nor to suits or 
proceedings to enforce the decisions of the superintendent of 
public instruction. 

§ 6 Whenever an officer or officers mentioned in the last 
preceding section of this title shall have complied with the pro- 
visions of said section, and the inhabitants shall have refused 
to direct the trustees to levy a tax for the payment of the costs^ 
charges and expenses therein mentioned, it shall be lawful for 
him or them, then and there, to give notice orally and publicly,, 
that he will appeal to the county judge of the county; and in 
case of his disability to act in the matter by reason of being 
disqualified, or otherwise, then to the district attorney of the 
county in which the school-house of said district is located,, 
from the refusal of said meeting to vote a tax for the payment 
of said claim, and the inhabitants may, then and there, or at 
any subsequent district meeting, appoint one or more of the 
inhabitants of the district to protect the rights and interests 
of the district upon said appeal. And the officer or officers 
before mentioned shall thereupon, within ten days, serve upon 
the clerk of said district (or if there be no such clerk, upon 
the town clerk of the town) a copy of the aforesaid account, so 
sworn to, together with a notice, in writing, that on a certain 
day therein specified he or they intend to present such account 
to the county judge or to the district attorney, as the case may 
be, for settlement. And the clerk shall record such notice. 



MlSCELLA>'EOUS PROVISIONS lOl 

TITLE 15 

together with the copy of the account, and the same shall be 
subject to the inspection of the inhabitants of the district. 
And it shall be the duty of the person or persons appointed by jbefotl'^*^'^® 
any district meeting for that purpose, to appear before the fSSge^or 
county j udge or the district attorney, as the case may be, on attorney 
the day mentioned in the notice aforesaid, and to protect the 
rights of the district upon such settlement; and the expenses i^evy^omx 
incurred in the performance of this duty shall be a charge upon 
said district, and the trustees, upon presentation of the account 
of such expenses, with the proper voucher therefor, may levy 
a tax therefor, or add the same to any other tax to be levied 
by them; and their refusal to levy said tax for the payment of 
said expenses, shall be subject to an appeal to the superintend- 
ent of public instruction. 

§ 7 Upon the appearance of the parties, or upon due proof ^^l^^^^'- 
of service of the notice and copy of the account, the county jSdg^^and 
judge shall examine into the matter and hear the proofs and thereupon 
allegations presented by the parties, and decide by order whether; 
or not the account, or any and what portion thereof, ought justly 
be charged upon the district, with costs and disbursements to' 
such officer or officers, in his discretion, which costs' and dis- ^^^^ 
bursements shall not exceed the sum of thirty dollars, and the 
decision of the county judge shall be final; but no portion of fJ'°X*^°|^t 
such account shall be so ordered to be paid which shall appear 
to such judge to have arisen from the willful neglect or mis- 
conduct of the claimant. The account with the oath of the co/^e^ctat^* 
party claiming the same shall be prima facie evidence of the ° ^°^°^ 
correctness thereof. The county judge may adjourn the hear- melT??" 
ing from time to time, as justice shall seem to require. bearing 

§ 8 It shall be the duty of the trustees of any school district, J/(f°r*^°^ 
within thirty days after service of a copy of such order upon 
them, or upon the district clerk, and notice thereof to them, or 
any two of them, to cause the same to be entered at length in 
the book of record of said district, and to raise the amount 
thereby directed to be paid, by a tax upon the district, to be by 
them assessed and levied in the same manner as a tax voted 
by the district. 

ARTICLE 2 

Changes in text-boohs 

Section 9 The boards of education, or such bodies as perform f^^"ptj°° 
the functions of such boards in the several cities, villages and ?e^it?bwL 
union free school districts of this state, shall have power and it 
shall be their duty to adopt and designate text-books to be used 
in the schools under their charge in their respective districts. 



109 Consolidated school law 

nixx 15 

In the common school districts in the state the text-books to 
be used in the schools therein shall be designated at any annual 
school meeting by a two-thirds vote of all the legal voters 
present and voting at such school meeting. 
toi""^fa § 10 When a text-book shall have been adopted for use in 
any of the public or common schools in this state, as provided 
in the ninth section of this title, it shall not be lawful to super- 
sede the text-book so adopted by any other book within a period 
of five years from the time of such adoption, except upon a 
three-fourths vote of the board of education, or of such body 
as performs the function of such board, where such board has 
made the designation, or upon a three-fourths vote of the legal 
voters present and voting at the annual school meeting in any 
common school district. 
^o"ation% § 11 Any person or persons violating any of the provisions 
provisions ^^ ^^^.^ ^^^ ^^^jj ^^ liable to a penalty of not less than fifty 

dollars nor more than one hundred dollars for every such 
violation, to be sued for by any taxpayer of the school district, 
and recovered before any justice of the peace, said fine, when 
collected, to be paid to the collector or treasurer for the benefit 
of said school district. 

ARTICLE 3 

Care of code of public instruction 
TnistPf>s § 12 The trustee or trustees of each school district are hereby 

custodians *' 

ot code made the custodians of the code of public instruction belonging 
to such school district, and shall deliver the same to their suc- 

BepJace- cossor or succcssors in oflQce. And in case such copy of said 

Mseofioss code shall have been lost or destroyed through or by means 
of the fault or negligence of the trustee or trustees, the trustees 
so permitting the same to be lost or destroyed shall, at their 
own expense, procure a copy of the latest edition of the code 
of public instruction and deliver the same to their successor 
or successors in office in lieu of the copy so lost or destroyed. 

Penalty § 13 Every trustee who fails to comply with the provisions 

of the foregoing section shall forfeit the sum of twenty-five 
dollars. This penalty shall be sued for by the supervisor of 
the town and shall be used in the purchase of books for the 
school library. 

ARTICLE 4 

Contracts betwep.n sclionl districts and hoards of education in 
other districts, villages and cities 

to^te^- *§ 1^ Whenever any school district, by a vote of a majority of 
hi|otui- ^Yie qualified voters present and voting thereon, shall empower 

♦As amended by section 1, chapter 294, laws of 1897. 



Miscellaneous provisions 103 

TITLE 15 

the trustees thereof, the said trustees shall enter into a written 
contract with the trustees or boards of education consenting 
thereto, or any other district, village or city, whereby all the 
children of such district may be entitled to be taught in the pub- 
lic schools of such city, village or school district for a period of 
not less than one hundred and sixty days in any scliool year, 
Tipon filing a copy of such contract, duly certified by the trustees mTag*copy 
)f ench of such school districts, or by the secretary of the board 
of education of such city or village in the office of the state super- 
intendent of public instruction. Such school district shall be 
deemed to have employed a competent teacher for such period, 
and shall be entitled to receive one distributive district quota 
each year, during which such contract shall be continued. 

*§ 15 The board of education of any city or village, and the^itn^rvu^ 
trustees of any school district so contracting with any other ^^^^^"'^ 
school district, shall report the number of persons of school age 
in such district, together with those resident in said city, vil- 
lage or school district, the same as though they were actual 
residents thereof, and shall report for the pupils attending such 
schools from such adjoining districts to the superintendent of 
public instruction, the same as though they were residents of 
such city, village or school district. 

§ IG It shall be the duty of the superintendent of public uons"^ 
instruction to give to school commissioners such directions as sioneri'a* 
may, in his judgment, be required and proper in relation to the by tnwtaog 
reports to be made by the trustees of such districts to school 
commissioners. 

'ARTICLE 5 

Contracts with teachers 

t§ 17 All officers or boards of officers who shall employ any be dllfv^S 
teacher to teach in any of the public schools of this state shall, ^'^ ^^'^^''^ 
at the time of such employment, make and deliver to such 
teacher, or cause to be made and delivered, a contract in 
writing, signed by said officer, or by the members of said board, 
or by some person duly authorized by said board, to represent 
them in the premises, in which the detail of the agreement 
between the parties, and particularly the length of the term 
of employment, the amount of compensation and the time or 
times when such compensation shall be due and payable shall 
be clearly and definitely set forth. But nothing herein contained ^'"^''^ 
shall be deemed to abridge or otherwise affect the term of 

♦As amended by sectJon 1, chapter 294, laws of 1897. 
+A8 amended by section 20, chapter 264, laws of 1896. 



104 



Consolidated school law 



Pay of 

teachers, 
wlien due 



employment of any teacher now or hereafter employed in the 
public schools, nor to repeal or affect any provision of special 
laws concerning the employment or removal of teachers now 
in force in any particular locality. 

§ 18 The pay of any teacher employed in the public schools 
of this state shall be due and payable at least as often as at 
the end of each calendar month of the term of employment. 



ARTICLE 6 



Physiologij and hygiene in the ptiblic schools ' 



Provisions 
for instruc 
tlor of 
pupils 



*§ 19 The nature of alcoholic drinks and other narcotics and 
their effects on the human system shall be taught in connection 
with the various divisions of physiology and hygiene, as thor- 
oughly as are other branches in all schools under state control 
or supported wholly or in part by public money of the state, and 
also in all schools connected with reformatory institutions. All 
pupils in the above-mentioned schools below the second year 
of the high school and above the third year of school work com- 
puting from the beginning of the lowest primary, not kinder- 
garten year, or in corresponding classes of ungraded schools, 
Biinimum of shall be taught and shall study this subject every year with 
suitable text-books in the hands of all pupils, for not less than 
three lessons a week for ten or more weeks, or the equivalent of 
the same in each year, and must pass satisfactory tests in this 
as in other studies, before promotion to the next succeeding 
year's work; except that where there are nine or more school 
years below the high school, the study may be omitted in all 
years above the eighth year and below the high school, by such 
pupils as have passed the required tests of the eighth year. In 
all schools above mentioned, all pupils in the lowest three pri- 
mary, not kindergarten, school years or in corresponding classes 
oraiin- iu Ungraded schools shall, each year, be instructed in this subject 
where per- Orally for uot Icss than two lessons a week for ten weeks, or the 

missible •' ' 

equivalent of the same in each year, by teachers using text-books 
adapted for such oral instruction as a guide and standard, and 
such pupils must pass such tests in this as may be required in 
other studies before promotion to the next succeeding year's 
work. Nothing in this act shall be construed as prohibiting or 
requiring the teaching of this subject in kindergarten schools. 
The local school authorities shall provide needed facilities and 
definite time and place for this branch in the regular courses 
Duty of of study. The text-books in the pupils' hands shall be graded 
ihorities to the capacitics of fourth year, intermediate, grammar and high 



*As amended by sectioi 1, chapter 901, laws of 1896. 



Miscellaneous provisions 105 

TITLE 15 

school pupils, or to corresponding classes in ungraded schools. 
For students below high school grade, such text-books shall give 
at least one-fifth their space, and for students of high school re^ir^*' 
grade, shall give not less than twenty pages, to the nature and 
effects of alcoholic drinks and other narcotics. This subject must 
be treated in the text-books in connection with the various divi- 
sions of physiology and hygiene, and pages on this subject in a 
separate chapiter at the end of the book shall not be counted in 
determining the minimum. No text-book on physiology not eon- 
forming to this act shall be used in the public schools, except so 
long as may be necessary to fulfill the conditions of any legal 
adoption existing at the time of the passage of this act. All 
regents' examinations in physiology and hygiene shall include a 
due proportion of questions on the nature of alcoholic drinks 
and other narcotics, and their elfects on the human system. 

*§ 20 In all normal schools, teachers' training classes and p^^^S^ 
teachers' institutes, adequate time and attention shall be given ^^^^°^ 
to instruction in the best methods of teaching this branch, and 
no teacher shall be licensed who has not passed a satisfactory- 
examination in the subject, and the best methods of teaching it. 
On satisfactory evidence that any teacher has willfully refused 
to teach this subject as provided in this act, the state superin- 
tendent of public instruction shall revoke the license of such 
teacher. No public money of the state shall be apportioned by 
the state superintendent of public instruction or paid for the Penaitjfor 
benefit of any city until the superintendent of schools therein ^^^^^°* 
shall have filed with the treasurer or chamberlain of such city 
an affidavit and with the state superintendent of public instruc- 
tion a duplicate of such affidavit that he has made thorough 
investigation as to the facts, and that to the best of his knowl- 
edge, information and belief all the provisions of this act have 
been complied with in all the schools under his supervision in 
such city during the last preceding legal school year; nor shall 
any public money of the state be apportioned by the state super- 
intendent of public instruction or by school commissioners or 
paid for the benefit of any school district, until the president of 
the board of trustees, or in the case of common school districts 
the trustee or some one member of the board of trustees, shall 
have filed with the school commissioner having jurisdiction an 
affidavit that he has made thorough investigation as to the facts, 
and that to the best of his knowledge, information and belief, all 
the provisions of this act have been complied with in such dis- 
trict, which affidavit shall be included in the trustees' annual 
report, and it shall be the duty of every school commissioner to 

*As amended by section 1, chapttr 901. laws of 1896. 



106 



OONSOLIDATEID SCHOOL LAW 



file with the state superintendent of public instruction an affi- 
davit in connection with his annual report showing all districts 
in his jurisdiction that have and those that have not complied 
with all the provisions of this act, according to the best of his 
knowledge, information and belief, based on a thorough inves- 
tigation by him as to the facts; nor shall any public money of the 
state be apportioned or paid for the benefit of any teachers'' 
training class, teachers' institute or other school mentioned 
herein, until the oflflcer having jurisdiction or supervision thereof 
shall have filed with the state superintendent of public instruc- 
tion an affidavit that he has made a thorough investigation as 
to the facts, and that to the best of his knowledge, information 
and belief, all the provisions of this act relative thereto have 
been complied with. The principal of each normal school in the 
state shall, at the close of each of their school years, file with 
the state superintendent of public instruction an affidavit that 
all the provisions of this law, applicable thereto, have been 
complied with during the school year just terminated, and until 
such affidavit shall be filed no warrant shall be issued by the 
state superintendent of public instruction for the payment by 
th€ treasurer of any part of the money appropriated for sucb 
school. It shall be the duty of the state superintendent of public 
instruction to provide blank forms of affidavit required herein 
for use by the local school officers, and he shall include in his 
annual report a statement showing every school, city, or district 
which has failed to comply with all the provisions of this act 
during the preceding school year. On complaint by appeal to 
the state superintendent of public instruction by any patron of 
the schools mentioned in the last preceding section, or by any 
citizen, that any provision of this act has not been complied with 
in any city or district, the state superintendent of public instruc- 
tion shall make immediate investigation, and on satisfactory 
evidence of the truth of such complaint, shall thereupon and 
thereafter withhold all public money of the state to which such 
city or district would otherwise be entitled, until all the provi- 
sions of this act shall be complied with in said city or district,, 
and shall exercise his power of reclamation and deduction under 
section nine of article one of title two of the consolidated school 
law. 

ARTICLE 7 

Free instruction in drawing 
instruc- 8 21 In each of the state normal schools the course of study 

tlon In In- " . ■■ « -i j j • 

free-hand"" s^^^l ombrace instruction in industrial or free-hand drawing. 
drawing rj^j^g board of cducation in each citv in this state shall cause free 



I 



Miscellaneous provisions 107 

TITLX li 

instruction to be given in industrial or free-hand drawing in at 
least one department of the schools under their charge. The 
board of education of each union free school district shall cause 
free instruction to be given in industrial or free-hand drawing in 
the schools under their charge, unless excused therefrom by the 
superintendent of public instruction. 

§ 22 The board of education, or other body having supervision ^g^®^i^«,or 
■of the public schools in any city or union free school district in gJ^^cMon in 
this state, is hereby authorized to establish and maintain even- drtwSIt'^ 
ing schools for free instruction in industrial drawing, whenever 
the city authorities in any city or the qualified electors duly con- 
vened in any union free school district shall so direct, and shall 
make provision for the maintenance of such schools. In addi- J"^^*' *" 
tiou to the powers now conferred by law upon the authorities of Serefor 
any city, or upon the electors of any union free school district 
in the state, such authorities and such electors shall also have 
power, whenever they shall think it advisable, to raise such 
moneys as shall be necessary to carry out the purposes of this 
act. 

ARTICLE 8 

Vocal music in public scliools 

§ 23 In each of the state normal schools the course of study ft^rlfctfo* 
may embrace instruction in vocal music. The boards of educa- mmiS*^ 
tion in each city, and in each union free school district incor- 
porated under the laws of this state, may cause free instruction 
to be given in vocal music in the schools under their charge. 
The superintendent of public instruction may provide instruc- 
tion in vocal music in all teachers' institutes held throughout 
the state. 

AETICLE 9 

Free kindergartens 
•§ 24 The school authoTities of any union free or commion Estawish- 
school district, located in any county having less than one million ^.ane''nta®'^ 
inhabitants, may establish and maintain one or more free kinder- focauuea . 
garten schools. The moneys for the support of such school shall Money^for 
be raised in like manner as for the support of the other public 
schools of such district. No child under the age of four years AdmisBion 

°. *' of pupils 

shall be admitted to the schools, and the local school authorities 
are hereby empowered to fix the highest age limit of children 
who may attend. All teachers employed in these schools shall Teacher* 
be licensed in accordance with rules and regulations established 
'by the superintendent of public instruction, and shall each share 

♦As amended by section 21. chapter 246, laws of 1896. 



108 OONSOLIDATED SCHOOL LAW 

TITLE 13 

attendan^ce ^^ *^^ distribution of district quotas. The attendance of children 
under the age of five years who may be enrolled in the schools 
shall be reported separately and shall be counted in the distribu- 
tion of public money. 

ARTICLE 10 

Industrial training in the public schools 
Iri^^^L- ^ ^^ Boards or departments of education of cities and vii- 
authS-i^ld lages, and of union free schools and trustees of public school 
districts, are hereby authorized and empowered to establish 
and maintain a department or departments in the schools under 
their charge for industrial training and for teaching and illus- 
trating the manual or industrial arts, and the principles under- 
^f^c^f^se of lying the same; and for that purpose they are respectively 
^EtTfin- authorized to purchase and use such material and apparatus^ 
l^^ ^^' and to establish and maintain such shops, and to employ such 
instructor or instructors, in addition to the other teachers in 
said schools, as in their judgment shall be deemed necessary 
or proper whenever the authorities or electors respectively now 
authorized by law to raise money by taxation for school pur- 
poses, shall make provision for the maintenance of such depart- 
ments. 
Tax for § 26 All authoritios and electors, respectively, now author- 

Slfnte"*^ ized by law to levy and raise taxes for school purposes, are 
pa?tment^^' hereby authorized to levy and raise by taxation, in addition 
to any amount or amounts which they are now, respectively, 
in any city, village or district, authorized by law to raise for 
school purposes, and in the sam^ manner, and at a regular or 
special meeting, the necessary funds to establish and maintain 
such industrial departments as aforesaid. 
Industrial § 27 The stato normal and training schools which are or 

training m " ° 

ScSi hereafter may be established in this state, hereby are and shall 
be required to include in their courses of instruction the prin- 
ciples underlying the manual or industrial arts, and also the 
practical training in the same, to such an extent, as the super- 
intendent of public instruction may prescribe, and to such fur- 
ther extent as the local boards, respectively, of said normal 
and training schools may prescribe. 

ARTICLE 11 
'Schools for colored children 
schooifm *§ 28 The school authorities of any city or incorporated vil- 
^uage? lage, the schools of which are or shall be organized under title 

• *Section 28 of article 1.1 repealpd by section 3, chapter 493, Laws of 1900. Such repeal to take effect 
September 1, 1900. See appendix, pp. 16'i and 163. 



Miscellaneous provisions 109 

TITLE 15 

eight of this act, or under special act, may, when tliey shall 
deem it expedient, establish a separate school or separate schools 
for the instrnction of children and youth of African descent, 
resident therein, and over five and under twenty-one years of porTed^etc. 
age; and such school or schools shall be supported in the same 
manner and to the same extent as the school or schools sup- 
ported therein for white children, and they shall be subject 
to the same rules and regulations, and be furnished with facili- 
ties for instruction equal to those furnished to the white schools 
therein. 

§ 29 The trustees of any union school district, or of any gg^^^fg^f^ 
school district organized under a special act, may, when the tenets '^**" 
inhabitants of any district shall so determine, by resolution, at 
any annual meeting, or at a special meeting called for that 
purpose, establish a separate school or separate schools for 
the instruction of such colored children resident therein, and 
such schools shall be supported in the same manner and receive 
the same care, and be furnished with the same facilities for 
instruction, as the white schools therein. 

§ 30 No person shall be employed to teach any of such schools ^lou" of*" 
who shall not, at the time of such employment, be legally *®'"''^®" 
qualified. 

§ 31 The colored schools in the city of New York, now exist- ^"hooifm 
ing and in operation, shall hereafter be classed and known and city ^"'^'^ 
be continued as ward schools, and primaries, with their present 
teachers, unless such teachers are removed in the manner pro- 
vided by law, and such schools shall be under the control and mTnlgl*^** 
management of the school officers of the respective wards in ^"'^^ 
which they are located in the same manner and to the same 
extent as other ward schools, and shall be open for the educa 
tion of pupils for whom admission is sought, without regard to 
race or color. 

ARTICLE 12 

Orphan scliools 

§ 32 The schools of the several incorporated orphan asylum ^oyanSii'- 
societies in this state, other than those in the city of New York, public"'^ " 

moneys 

shall participate in the distribution of the school moneys, m 
the same manner and to the same extent, in proportion to the 
number of children educated therein, as the common schools 
in their respective cities or districts. The schools of said ^eKufa?'"* 
societies shall be subject to the rules and regulations of the "°°'' 
common schools in such cities or districts, but shall remain 
under the immediate management and direction of the said 
societies as heretofore. 



^10 



OONSOLiIDATEiD SCHOOL LAW 



xm^ 15 



ARTICLE 13 
Indian schools 



l>nty of 

•nperin- 
teucleut of 
public In- 
Mruccion 



Co-opera- 
tion of 
Indians 



Protection 
of Indian 
title to 
lands 



CadWren 
eniitled 
to draw 
money 



Enumera- 
tion of 
children 



Annual 
appropria- 
tion 



Vouchers 
and re- 
ceipts for 
expendi- 
tures 



§ 33 The superintendent of public instruction shall be charged 
with providing the means of education for all the Indian chil- 
dren in the state. He shall cause to be ascertained the condi- 
tion of the various bands in the state in respect to education; 
he shall establish schools in such places, and of such character 
and description as he shall deem necessary; he shall employ 
superintendents for such schools, and shall, with the coucur- 
rence of the comptroller and secretary of state, cause lo be 
erected, where necessary, convenient buildings for their accom- 
modation. 

§ 34 In the discharge of the duties imposed by this act, the 
said superintendent shall endeavor to secure the co-operation 
of all the several bands of Indians, and for this purpose, shall 
visit, by himself or his authorized representative, all the reserva- 
tions where they reside, lay the matter before them in publio 
assembly, inviting them to assist either by appropriating their 
public moneys to this object, or by setting apart lands and 
erecting suitable buildings, or by furnishing labor or materials 
for such buildings, or in any other way which he or they may 
suggest as most effectual fw the promotian of this object. 

§ 35 In any contract which may be entered into with said 
Indians, for the use or occupancy of any land for school grounds, 
sites or buildings, cai'e shall be taken to protect the title of the 
Indians to their lands, and to reserve to the state the right to 
remove or otherwise dispose of all improvements made at thf 
expense of the state. 

§ 36 The Indian children in the state, between the ages of 
four and twenty-one years, shall be entitled to draw publio 
money the same as white children. The superintendent shall 
cause an annual enumeration of said Indian children to be made, 
and shall see that the public money, to which they are ratably 
entitled, is devoted exclusively to their education. 

§ 37 To carry into effect the provisions of this title the legis- 
lature shall annually appropriate the sum of six thousand 
dollars out of the revenues of the common school fund, to be 
paid by the treasurer, on the warrant of the comptroller, from 
time to time, to the order.of the superintendent of public instruc- 
tion. 

§ 38 The superintendent shall take and file in his office, 
rouchers and receipts for all the expenditures made under this 
act, subject to the inspection of the joint committee to examine 



Miscellaneous provisions , 111 

TITUB 19 

the accounts of the auditor and treasurer; and shall annually Report to 

" legislatura 

report to the legislature all his doings, by virtue of the authority 
vested in him; and for this purpose said superintendent may 
require full and detailed reports in such form as he may pre- 
scribe, from those having the immediate supervision of any 
Indian schools in this state. 

§ 39 For the support of the Indian schools, already estab- ^pp^o"""" 
lished and which may be established, the superintendent of moneys'^'^^ 
public instruction, in his annual general apportionment of the 
state school moneys appropriated for the support of common 
schools, shall make an equitable apportionment, as provided by 
section live of title two of this act; and the moneys which shall 
be thus apportioned shall be paid out of the treasury upon the 
warrant of the superintendent, countersigned by the comptroller. 

ARTICLE 14 
Bcaf and dumb and blind institutions 
§ 40 All the institutions for the instruction of the deaf and visitation 

of Instiiu- 

dumb, and blind, and all other similar institutions, incorporated 'ifj'j'rhf. ' 
under the laws of the state, or that may be hereafter incorpo- pJuilf^m-' 
rated, shall be subject to the visitation of the superintendent yf '■'""-'"'' 
public instruction, and it shall be his duty: 

1 To inquire, from time to time, into the expenditures of duties ot 
each institution, and the systems of instruction pursued therein, t^"i«»it 
respectively. 

2 To visit and inspect or cause to be visited and inspected, 
the schools belonging thereto, and the lodgings and accommoda- 
tions of the pupils. 

3 To ascertain by a comparison with other similar institu- 
tions, whether any improvements in instruction and discipline 
can be made ; and for that purpose to appoint, from time to time, 
suitable persons to visit the schools. 

4 To suggest to the directors of such institutions and to the 
legislature such improvements as he shall judge expedient. 

5 To make an annual report to the legislature on all the ^Jpor?'to 
matters before enumerated, and particularly as to the condition ^^'=^'*'^^^'« 
of the schools, the improvement of the pupils, and their treat- 
ment in respect to board and lodging. 

§ 41 All deaf and dumb persons resident in this state and 'j^^^f^^^r- 
upwards of twelve years of age, who shall have been resident wMty off ti* 
in this state for three years immediately preceding the applica- fS'"'" 
tlon, or, if a minor, whose parent or parents, or, if an orphan, 
whose nearest friend, shall have been resident in this state for 
three years immediately preceding the application, shall be 



112 



Consolidated school law 



Eligibility 
of bllud 
persoua 



Duty of su- 
periuteiid- 
eut as to 
appoint- 
ments 



State pupils 
supi-ort of, 
etc. 



Term of 
Instruction 



Regula- 
tions as to 
admission 
of pupils 



eligible to appointment as state pupils in one of the deaf and 
dumb institutions of this state, authorized hj law to receive 
such pupils; and all blind persons of suitable age and similar 
qualifications shall be eligible to appointment to the institutions, 
for the blind in the city of New York or in the village of Batavia^ 
as follows: All such as are residents of the counties of New 
York, Kings, Queens, Suffolk, Richmond, Westchester, Putnam 
and Rockland, shall be sent to the institution for the blind in 
the city of New York; those who reside in other counties of the 
state shall be sent to the institution for the blind in the village 
of Batavia. All such appointments with the exception of those 
to the institution for the blind in the village of Batavia, shall 
be made by the superintendent of public instruction upon appli- 
cation, and in those cases in which, in his opinion, the parents 
or guardians of the applicants are able to bear a portion of the 
expense, he may impose conditions whereby some proportionate 
share of expense of educating and clothing such pupils shall be 
paid by their parents, guardians or friends, in such manner and 
at such times as the superintendent shall designate, which 
conditions he may modify from time to time, if he shall deem it 
expedient to do so. 

§ 42 Each pupil so received into either of the institutions 
aforesaid shall be provided with board, lodging and tuition ; and 
the directors of the institution shall receive for each pupil so 
provided for, the sum of dollars per annum, in 

quarterly payments, to be paid by the treasurer of the state, on 
the warrant of the comptroller, to the treasurer of said institu- 
tion, on his presenting a bill showing the actual time and num- 
ber of such pupils attending the institution, and which bill shall 
be signed by the president and secretary of the institution, and 
verified by their oaths. The regular term of instruction for 
such pupils shall be five years; but the superintendent of public 
instruction may, in his discretion, extend the term of any pupil 
for a period not exceeding three years. The pupils provided for 
in this and the preceding section of this title shall be designated 
state pupils; and all the existing provisions of law applicable to 
state pupils now in said institutions shall apply to pupils herein 
provided for. 

§ 43 The superintendent of public instruction may make such 
regulations and give such directions to parents and guardians^ 
in relation to the admission of pupils into either of the above- 
named institutions, as will prevent pupils entering the same at 
irregular periods. 



Miscellaneous provisions 113 

TITLE 1"> 

ARTICLE 15 

Ardor day 

§ 44 The Friday following the first day of May in each year ^rbor day 
shall be known throughout this state as arbor day. 

§ 45 It shall be the duty of the authorities of every public feho^p°lu- 
school in this statt, to assemble the scholars in their charge on tiio""es 
that day in the school building, or elsewhere, as they may deem 
proper, and to provide for and conduct, under the general super- 
vision of the city superintendent or the school commissioner, or 
other chief officers having the general oversight of the public 
schools in each city or district, such exercises as shall tend to 
encourage the planting, protection and preservation of trees and 
shrubs, and an acquaintance with the best methods to be adopted 
to accomplish such results. 

§ 46 The state superintendent of public instruction shall have course or 
power to prescribe from time to time a course of exercises and ^t°^cuoa 
instruction in the subjects hereinbefore mentioned, which shall 
be adopted and observed by the public school authorities on 
arbor day, and upon receipt of copies of such course, sufficient ['ij,",^''^^'^' 
in number to supply all the schools under their supervision, the ''"p''^® 
school commissioner or city superintendent aforesaid shall 
promptly provide each of the schools under his or their charge 
with a copy, and cause it to be observed. 

§ 47 The legislature shall annually make an appropriation for ^°^'J,^'j.ia- 
carrying out the provisions of this act, upon the recommenda- ^""^ 
tion of the superintendient of public instruction. 

ARTICLE 16 

Miscellaneous 

§ 48 The superintendent of public instruction, so soon as Distribu- 
may be after the passage of this act, shall cause to be prepared school la^ 
under his supervision and to be printed, an edition of this 
statute, with brief annotations embodying such of the decisions 
of the courts of the state, and of the superintendents of public 
instruction as are applicable thereto, and such comments, ex- 
planations and instructions as he shall deem necessary or expedi- 
ent, and to furnish to each of the school districts of the state 
one copy thereof, and the same shall be deposited with the 
trustee or trustees, and kept by him or them for the use of 
the inhabitants, as provided in article three of this title. 

§ 49 All provisions of law repugnant to or inconsistent with ^f^^s 
the provisions of this act are hereby repealed, saving always ail 
rights of action vested under such prior provisions, and pro- 



114 



Consolidated school law 



TIXLX 15 



Lawf 
r^>e&Ied 



ceedings commenced for the assertion thereof; but nothing herein 
contained, unless it be so expressed, shall be construed, unless 
by inevitable implication, to revive any act or portion of an 
act heretofore repealed; nor to impair or in any manner affect 
or change any special law touching the schools or school system 
of any city or incorporated village of the state, unless the same 
is so stated in this act. 

§ 50 Of the laws enumerated in the schedule hereto an- 
nexed, that portion specified in the last column is' repealed. Such 
repeal shall not revive a law repealed by any law hereby repealed, 
but shall include all laws amendatory of the laws hereby repealed. 

*§ 51 Each school commissioner in respect to the territory 
within his district shall have the power, with the approval of the 
state superintendent of public instruction, to set off by itself any 
neighborhood adjoining any other state of the union, where it 
shall be found most convenient for the inhabitants to send their 
children to a school in such adjoining state, and to' deliver to the 
town clerk of the town in which it lies, in whole or in part, a 
description of each such separate neighborhood. He shall also 
prepare a notice, describing such neighborhood, and appointing 
a time and place for the first neighborhood meeting, and deliver 
such notice to a taxable inhabitant of such neighborhood. It 
shall be the duty of such inhabitant to notify every other inhab- 
itant of the neighborhood, qualified to vote at the meeting, by 
reading the notice in his hearing, or, in case of his absence from 
home, by leaving a copy thereof, or so much thereof as relates to 
the time, place and object of the meeting, at the place of his 
abode, at least six days before the time of the meeting. In case 
such meeting Shall not be held, and in the opinion of the com- 
missioner it shall be necessary to hold such meeting before the 
time herein fixed for the first annual meeting, he shall deliver 
another such notice to a taxable inhabitant of the neighborhood, 
who shall serve it as hereinbefore provided. 

*§ 52 The annual meeting of each neigihborhood shall be held 
on the first Tuesday of August in each year, at the hour and 
place fixed by the last previous neighborhood meeting; or, if 
such hour and place has not been so fixed, then at the hour and 
place of such last meeting; or, if such place be no longer acces- 
sible, then at such other place as the trustee, or, if there be no 
trustee, the clerk, shall in the notices designate. The proceed- 
ings of no neighborhood meeting, annual or special, shall be held 
illegal for want of a due notice to all the persons qualified to 
vote thereat, unless it shall appear that the omission to give 



♦As amended by section 2, chapter 293, laws of 1697. 



Miscellaneous provisions 115 

vmx IS 

such notice was wilful and fraudulent. The inhabitants of any 
neighborhood, entitled to vote, when assembled in any annual 
meeting or any special meeting called by the commissioner as 
above provided, shall have power, by a majority vote of those 
present, to appoint a chairman for the time being, and to choose 
a neighborhood clerk and one trustee, and to fill vacancies in 
office. The provisions of sections ten, eleven, twelve and thir- 
teen of article one of title seven of this act, shall apply to and 
govern such meeting, so far as the same can in substance be 
applied to the proceedings; and the provisions of sections 
twenty-two, twenty-three, twenty-four, twenty-five, twenty-seven, 
twenty-nine, thirty, thirty-one and thirty-two of title seven of 
this act shall apply to and govern the officers of such neighbor- 
bood, so far as the same can in substance be applied thereto. 
*§ 53 The neighborhood clerk shall keep a record of the pro- 
ceedings of his neighborhood, and of the reports of the trustees, 
and deliver the same to his successor. In case such neighbor- 
hood shall be annexed to a district within this state its records 
shall be filed in the office of the clerk of such district. The trus- 
tee shall, between the twenty-fifth day of July and the first day 
of August in every year, make his annual report to the school 
commissioner, and file it in the office of the clerk of the town of 
which the neighborhood is a part. Such report shall specify the 
whole amount of public moneys received during the year and 
from what public officer, and the manner in which it was ex- 
pended; the whole number of such children as can be included in 
the district trustees' report residing in the neighborhood on the 
thirtieth day of June prior to the making of such report; and any 
other matters which the superintendent of public instruction 
miay require. 

*§ 54 The superintendent of public instruction shall appor- 
tion to each separate neighborhood which shall have duly re- 
ported, such fixed sum as will, in his opinion, be equitably 
equivalent to its portion of all the state school moneys upon the 
basis of distribution established by this act; such sum to be 
payable out of the contingent fund hereinbefore established. 
The school commissioner or commissioners shall set apart and 
credit from the state and other school moneys apportioned to 
each separate neighborhood the amount apportioned to it by the 
state superintendent. The amount so apportioned shall be set 
apart to the town in which such neighborhood is situated, and 
the commissioner or commissioners shall certify the same to the 
supervisor thereof; and the same shall be paid over to the super- 

♦As amended by section 2, chapter 293, laws of 1897. 



116 



Consolidate© school lav/ 



visor for distribution by him as a part of tlie school moneys of 
the town in the manner provided by article two of title twO' of 
this act. It shall be the duty of such supervisor to disburse said 
moneys upon the order of the trustee of such neighborhood in 
favor of any teacher of a school in an adjoining state, recognized 
by him and patronized by the inhabitants of such neighborhood; 
and to include a statement thereof in the account required by this 
act to be made by him of the school moneys received by him and 
the disbursement thereof. 

TITLE XVI 



Compulsory education la-w 

™^« Section 1 Short title — This chapter shall be known as the 

coimpulsory education law. 
Definition. § 2 Definitions ^ When used in this act, the term school 

of terms ' 

^^'^ authorities means the trustees or board of education or cor- 

responding officers, whether one or more find by whatever name 
known, of a city, union free school disirict, common school dis- 
trict, or school district created by special law; the term persons 
in parental relation to a child, includes the parents, guardians 
or other persons, whether one or more, lawfully having the 
care, custody or control of such child. A child under sixteen 
years of age required by the persons in parental relation to 
such a child, to attend upon lawful instruction at a school or 
elsewhere, upon which such child is entitled to attend, is law- 
fully required to attend such school. A child between eight 
and sixteen years of age, who is required by law to attend 
upon instruction, and is required by the persons in parental 
relation to such child, to attend upon lawful instruction at 
school or elsewhere, upon which such child is entitled to attend, 
is lawfully required to attend upon such instruction, and if 
not required by the persons in parental relation to such child 
to attend upon any instruction, is lawfully required to attend 
a public school. 

*§ 3 Required attendance upon instruction — Every child 

Age limits between eight and sixteen years of age, in proper physical and 
mental condition to attend school, shall regularly attend upon 
instruction at a school in which at least the common school 
branches of reading, spelling, writing, arithmetic, English gram- 
mar and geography are taught, or upon equivalent instruction 
by a competent teacher elsewhere than at a school, as follows: 



♦As amended by section 1, chapter 606, laws of 1896. 



Compulsory education law 117 

TITLE 16 

Every such child between fourteen and sixteen years of age, 
not regularly and lawfully engaged in any useful employment 
or service, and every such child between eight and twelve years 
of age, shall so attend upon instruction as many days annually, 
during the period between the first days of October and the 
following June, as the public school of the district or city in 
which such child resides, shall be in session during the same 
period. Every child between twelve and fourteen years of age 
in proper physical and mental condition to attend school, shall 
attend upon instruction during the school year then cur- 
rent, at least eighty secular days of actual attendance, which 
shall be consecutive except for holidays, vacations and 
detentions by sickness, which holidays, vacations and 
detentions shall not be counted as a part of such eighty 
days, and such child shall, in addition to the said eighty 
days, attend upon instruction when not regularly and lawfully en- 
gaged in useful employment or service. If any such child shall ^g^'^^^^ 
so attend upon instruction elsewhere than at a public PThooil 
school, such instruction shall be at least substantially 
equivalent to the instruction given to children of like age at the 
public school of the city or district in which such child resides; 
and such attendance shall be for at least as many hours of 
each day thereof, as are required of children of like age at 
public schools; and no greater total amount of holidays and 
vacations shall be deducted from such attendance during the 
period such attendance is required, than is allowed in such 
public school to children of like age. Occasional absences from 
such attendance, not amounting to irregular attendance in the 
fair meaning of the term, shall be allowed upon such excuses 
only as would be allowed in like cases by the general rules 
and practice of such public school. 

*§ 4 Duties of persons in parental relation to children — 
Every person in parental relation to a child- between eight and 
sixteen years of age in proper physical and mental condition to 
attend school, shall cause such child to so attend upon instruction 
or shall present to the school authorities of his city or district ^u^j^^^by "' 
proof by affidavit that he is unable to compel such child to somisde^^* 

. meanor 

attend. A violation of this section shall be a misdemeanor, pun- 
ishable for the first olfense by a fine not exceeding five 
dollars, and for each subsequent offense by a fine not exceed- 
ing fifty dollars or by imprisonment not exceeding thirty days or 
'by both such fine and imprisonment. Courts of special sessions 

*As ameuded by section 2, chapter 606, laws of 1896. 



118 



Consolidated school law 



JnrlBdlo- 
Uon 



Employ- 
ment of 
ohlldron 



Penalty 



Record by 
days aud 
hours 



shall, subject to removal as prorided in sections fifty-seven and 
fifty-eight of the code of criminal procedure, have exclusive juris- 
diction, in the first instance, to hear, try and determine charges 
of violations of this section, within their respective jurisdictions. 

§ 5 Persons employing children unlawfully to be fined — 
It shall be unlawful for any person, firm or corporation to em- 
ploy any child between the ages of eight and twelve years in 
any business or service whatever, during any part of the term 
during which the public schools of the district in which the 
child resides, are in session; or to employ any child between 
twelve and fourteen years of age who does not, at the time of 
such employment, present a certificate signed by the superin- 
tendent of schools of the city or district in which the child 
resides, or, where there is no su])erintendont, by such other 
officer as the school authorities may designate, certifying that 
such child has complied with the law relating to attendance at 
school during the school year between September and Juiy^ 
then current; and any person who shall employ any child con- 
trary to the provisions of this section shall, for each offense, 
forfeit and pay to the treai-\jrer of the city or village or to the 
supervisor of the town in which such offense shall occur, a 
penalty of fifty dollars, the same, when paid, to be added to tlie 
public school moneys of the city, village or district in which 
the offense occurred. 

§ 6 Teachers' record of attendance — An accurate rccor<i 
of the attendance of all children between eight and sixteen 
years of age shall be kept by the teacher of every school, show- 
ing ench day by the year, month, day of the month and day of 
the week, such attendance, and the number of hours in each day 
thereof; and each teacher upon whose instruction any such 
child shall attend elsewhere than at school, shall keep a like 
record of such attendance. Such records shall, at all times, be 
open to the attendance officers or other persons duly authorized 
by the school authorities of the city or district, who may inspect 
or copy the same, and every such teacher shall fully answer all 
inquiries lawfully made by such authorities, inspectora or other 
pe' fc-ous, and a willful neglect or refusal so to answer any such 
inquiry shall be a misdemeanor. 

*§ 7 Attendance officers — The school authorities of each city, 
union free school district, or common school district whose limits 
include in whole or in part an incorporated village, shall appoint 
and may remove at pleasure one or more attendance officers of 
such city or district, and shall fix their compensation and may 



'As amended by pectioii 3, chapter 606, laws of 1396. 



Compulsory education law 119 

TITLE 16 

prescribe thiir duties not inconsistent with this act, and may malie 
rules and regulations for the performance thereof; and the super- 
intendent of schools of such city or school district, shall supervise 
the enforcement of this act within such city or school district; 
and the town board of each town shall appoint one or more Town at- 

'^ '^ tendance 

attendance officers whose jurisdiction shall extend over all school "^cera 
districts in said town, not by this section otherwise provided for, 
and shall fix their compensation which shall be a town charge; 
and such attendance officers appointed by said board shall be 
removable at the pleasure of the school commissioner in whose 
■commissioner'® district such town is situated. 

*§ 8 Arrest of truants — The attendance officer may arrest 
without warrant any child between eight and sixteen years of 
age, found away from his home, and who then is a truant from 
instruction, upon which he is lawfully required to attend within 
the city or district of such attendance officer. He shall forth- 
with deliver a child so arrested either to the custody of a person p^o^*^,^,?^^^®^, 
in parental relation to the child, or of a teacher from whom *™^"'^* 
such child is th.^u a truant, or, in case of habitual and incor- 
rigible truants, shall bring them before a police magistrate for 
comiuitment by iaim to a truant school as prDvidcd for in the 
nt-xt section. The attendance officer shall promptly report such 
arrest, and the disposition made by him of such child, to the 
school authorities of the said city, village or district where such 
child is lawfully required to attend upon instruction, or to such 
person as they may direct. 

t§ 9 Truant schools — The school authorities of any city or 
school district may establish schools, or set apart separate rooms 
in public school buildings, for children between eight and 
sixteen years of age, who are habitual truants from instruc- 
tion upon which they are lawfully required to attend, or who ^o'iPtruant 
are insubordinate or disorderly during their attendance upon troa^'t'"'^ 
such instruction, or irregular in such attendance. Such school 
or room shall be known as a truant school; but no person con- 
victed of crimes or misdemeanors, other than truancy, shall be 
committed thereto. Such authorities may provide for the con- 
finement, maintenance and instruction of such children in such 
schools; and they or the superintendent of schools in any city or 
school district may, after reasonable notice to such child, and 
the persons in parental relation to such child, and an oppor- 
tunity for them to be heard, and with the consent in writing of the 
persons in parental relation to such child, order such child to 

•As amended by section 4, chapter 60R, laws of 1896. 
tAs amended by section 5, cliipter 606, laws of 1898. 



120 COXSOLIDATEID SCHOOL LAW 

TITLE 16 

attend sucli school or to be confined and maintained therein for 
such period and under such rules and regulations as such authori- 
ties may prescribe, not exceeding the remainder of the school 
year, or may order such child to be confined and maintained dur- 
contract fug guch porlod iu any private school, orphans' home or similar 
prtvlt^u? institution controlled by persons of the same religious faith as 
stitutions r ^^g persons in parental relation to such child, and which is 
willing and able to receive, confine and maintain such child, 
upon such terms as to compensation as may be agreed upon be- 
tween such authorities and such private school, orphans' home 
or similar institution. If the persons in parental relation to 
such child shall not consent to either such order, such conduct 
of the child shall be deemed disorderly conduct, and the child 
may be proceeded against as a disorderly person, and upon 
conviction thereof, if the child was lawfully required to attend a 
public school, the child shall be sentenced to be confined and 
maintained in such truant school for the remainder of the cur- 
rent school year; or if such child was lawfully required to 
attend upon instruction otherwise than at a public schooJ, the 
chile may be sentenced to be confined and maintained for the 
balance of such school year, in such private school, orphans* 
hoiue or other similar institution, if there be one, controlled by 
persons of the same religious faith as the persons in parental 
relation to such child, which is v,'illing and able to receive, con- 
fine and maintain such child for a reasonable compensation. 
Such confinement shall be conducted with a view to the 
improvement, and to the restoration, as soon as prac- 
ticable, of such child to the institution elsewhere, upon which he 
may be lawfully required to attend. The authorities committing 
any such child, and in cities and villages, the superintendent of 
schools therein shall have authority, in their discretion, to parole 
at any time any truant so committed by them. Every child sus- 
pended from attendance upon instruction by the authorities in 
charge of furnishing such instruction, for more than one week, 
shall be required to attend such truant school during the period 
Contracts ^^^ such susponsiou. The school authorities of any city or school 
made with district, uot haviug a truant school, may contract with anv other 

other cities . 

ordistricts city Or district having a truant school, for ;;he coiifinement 
maintenance and instruction therein of children whom such 
school authorities might require to attend a truant school, 
if there were one in their own city or district. Industrial train- 
ing shall be furnished in every such truant school. The expense 
attending the commitment and costs of maintenance of any 
truant residing in any city or village employing a superintendent 



Compulsory education law 121 

TITLE 16 

of schools shall be a charge against such city or village, and in ^^p^°s«: 
all other cases' shall be a county charge. chargeable 

*§ 10 Withholding the state moneys by state superintendent 
— The state superintendent of public instruction may withhold 
one-half of all public school moneys from any city or 
district, which, in' his judgment, willfully omits and refuses tOalSBsY 
enforce the provisions of this act, after due notice, so often districts 
and so long as such willful omission and refusal shall, in his 
judgment, continue; but whenever the provisions of this act 
have been complied with, all moneys so withheld shall be paid 
over by said state superintendent to such city or district. The 
said state superintendent is hereby authorized and empowered 
to employ such assistants as he may deem necessary to properly 
carry this act into effect. He may remove such assistants from 
time to time and appoint their successors. He shall fix their 
salaries, and under his direction such assistants shall investi- fo^bl^ap-*® 
gate the extent to which this act is complied with in the cities ^°''^^'^ 
and school districts of the state, and make such reports, and 
perform such other duties as the state superintendent shall 
determine. Such assistants shall be paid, in addition to their 
salaries, their necessary traveling and other expenses incurred 
in the discharge of their official duties, to be audited by the 
state superintendent. The sum of twelve thousand dollars is 
hereby appropriated out of any moneys in the treasury not 
otherwise appropriated, for the purpose of carrying out the 
provisions of this act, including payment of salaries, expenses, 
and blanks, to be paid upon the warrant of the comptroller on 
the order of the state superintendent of public instruction, 

t§ 11 Chapter four hundred and twenty-one of the laws of eigh- 
teen hundred and seventy-four is hereby repealed. 

§ 12 This act shall take effect January first, eighteen hun- 
dred and ninety-five. 

§ 13 This chapter shall be known as title sixteen of the 
" Consolidated School Law." 

Schedule of laws repealed 

LAWS OP Chapter Section 

1850 261 All 

1856 71 All 

185G 179 All 

1S64 555 All 

1865 585 Section 9 

186.5 647 All 

*As amended by section 1, chapter 9SS, laws of 1S95. 
tAs amended by section 6, chapter 606, laws ot i896. 



122 . Consolidated school law 





Schedule of laws repealed- 


-{continued} 


LAWS OF 


Chapter 


Section 


186G 


78 


. . . . All 


1866 


800 


, . . . All 


1867 


84 


. . . . All 


1867 


406 


, . . . All 


1867 


819 


. . . . All 


1871 


329 


, . . . All 


1871 


359 


. . . . All 


1871 




... All 


1874...., 


421 


... All 


1874 


514 


, . . . All 


1875 


322 


... All 


1875 


567 


... All 


1877 


161 


... All 


1877 


219.... 


... All 


1877 


413 


... All 


1878 


173 


... All 


1878 


174 


... All 


1878 


248 


... All 


1879 


134 


... All 


1879 


264 


... All 


1879 


396 


... All 


1879..... 


405 


... Air 


1880 


9 


... All 


1880 




... All 


1880 


210 


... All 


1880 


527 


... All 


1881 


492 


... All 


1881 


528: 


... All 


1881 


632 


... All 


1882 


115 


... All 


1882 


381 


... All 


1883 


75 


... All 


1883 


172 


... All 


1883 


250 


... All 


1883 


294 


... All 


1883 


414 


... All 


1884 


30 


... All 


1884 


49 


... All 


1884 


89 


... All 


1884 


179 


... All 


1884 


248 


... All 


1884 


413 


... All 



Schedule op laws bepbalbsd 123 



Schedule of laws repealed — {Concluded) 

LAWS OF Chapter Section 

1885 , 

188(j 

188G 

18&t> 

1886 

1886 

1886 

1887 , 

1887 

1887 

1887 

1887 

1SS7 

1887 

1887 

1888 , 

1888 , 

1888 , 

1888 

1888. , 

1888 

1889 

1889 

1889 , 

issn 

1890 , 

1890 

1890 

1890 

1890.. 

1890 

1890 , 

1890 

1890 , 

1892 , 



1893. 
1893. 
1893. 
1893. 
1894. 
1894, 



199 


All 


292 


All 


591 


All 


595 


All 


615 


All 


655 


All 


291 


All 


333 


All 


334 


All 


335 


AIJ 


538 


All 


540 


All 


592 


All 


672 


All 


27 


All 


190 


All 


209 


All 


331 


All 


334 


All 


533 


All 


90 


All 


245 


All 


328 


All 


333 


...... All 


73 


All 


74 


All 


170 


All 


175 


All 


431 


All 


524 


All 


520 


All 


534 


All 


548 


All 


573 


Al', except §§ 9, 




10, 11 and 12 


484 


All 


485 


All 


500 


All 


630 


All 


127 


All 


229 


All 



APPENDIX 



APPENDIX 



This appendix contains portions of the general laws of the state, relating 
to schools and the duties of school officers, not properly forming a part 
of the consolidated school law, a knowledge of which is important and 
necessary on the part of school district officers, and to which their atten- 
tion and examination is specially called. 

It also contains the laws relating to normal schools, and the rules of 
practice of the Department of Public Instruction upon appeals and of the 
procedure for the removal of school officers by the Superintendent of 
Public Instruction. 

Vaccination of School Children 

CHAP. 661 

AN ACT in relation to the public health, constituting chapter 
twenty-five of the general laws 

Passed May 9, 1893 

The People of the State of New York, represented in Senate and 
Assemhly, do enact as follows: 

CHAPTEPt XXV OF THE GENERAL. LAWS 

The Public Health Law 

Section 200 No child or person not vaccinated shall be admitted or vaecinattou 
received into any of the public schools of the state, and the trustees or ot school 
other officers having the charge, management or control of such schools chiidien 
shall cause this provision of law to be enforced. They may adopt a reso- 
lution excluding such children and persons not vaccinated from such 
school until vaccinated, and when any such resolution has been adopted, 
they shall give at least ten days' notice thereof, by posting copies of the 
same in at least two public and conspicuous places within the limits of 
the school government, and shall announce therein that due provision has 
been made, specifying it, for the vaccination of any child or person of 
suitable age desiring to attend the school, and whose parents or guardians 
are unable to procure vaccination for them, or who are, by reason of 
poverty, exempted from taxation in such district. 

Sec. 201 Such trustees or board may appoint a competent physician and Appoint- 
fix his compensation, who shall ascertain the number of children or persons pJf's^L^ia 
in a school district, or in a subdivision of a city school government, of 
suitable age to attend the common schools, who have not been vaccinated 
and furnish such trustees or board a list of their names. Every such 
physician shall provide himself with good and reliable vaccine virus with 
which to vaccinate such children or persons* such trustees or board shall 
direct, and give certificates of vaccination when required, which shall be 
evidence that the child or person to whom given has been vaccinated. The 

*Soin the original 



128 



Appendix 



Trustees to 
report 



expenses incurred in carrying into effect the provisions of tliis and the 
preceding s-eetion, shall be deemed a part of the expense of maintaining 
such school, and shall be levied and collected in the same manner as other 
school expenses. The trustees of tlie several school disti-icts of the state 
shall include in their annual report the number of vaccinated and unvac- 
cinated children of school age in their respective districts. 



Forest 
preserve 



Assessment and Taxation — Land in Forest Preserve 

CHAP. 395 

AN ACT to amend the game law and to repeal chapter three 
hundred and thirty-two of the laws of eighteen hundred and 
ninety-three, entitled " An act in relation to the forest pre- 
serve and Adirondack park, constituting articles sis and seven 
of chapter forty-three of the general laws." 

Passed April 25, 1835 

Section 270 The forest preserve shall include the lands owned or here- 
after acquired by the state within the counties of Clinton, except the 
towns of Altona and Dannemora, Delaware, Essex, Franklin, Fulton, 
Hamilton. Herkimer, Lewis, Oneida. Saratoga, St Lawrence, Warren, 
Washington, Greene", Ulster and Sullivan, except 

1 Lands Avithin the limits of any village or city and 

2 Lands, not wild lauds, acquired by the state on foreclosure of mort- 
•g'ages made to the commissioners for loaning certain moneys of the 

United States, usually called the United States deposit fund. 



Taxation 
of forest 
preserve 

Assessors 
to file copy 
of a-^sess- 
meutroll 
■wltli comp- 
troller anfl 
forest com- 
tnlssloa 

What as- 
spssment- 
roil shall 
state 

Comp- 
troller may 
correct as- 
Be.ssment 



CHAP. 908 

AN ACT in relation to taxation, constituting chapter twenty- 
four of the general laws 

Took effect June 15, 1896 
ARTICLE I 

Section 4 Exemption from taxation. The following property shall be 
exempt from taxation: 

1 Property of the United States. 

2 Property of this state other than its wild or forest lands in the forest 
preserve. 

ARTICLE II 

Section 22 Assessment of state lands in forest preserve. All wild or 
forest lands within the forest preserve shall be assessed and taxed at a 
like valuation and rate as similar lands of individuals within the counties 
where situated. On or before August first in every year the as'S:s<ors of 
the town witliin which the lands so belonging to the state are situated 
shall file in tlie office of the comptroller and of the board of fisheries, game 
and forest, a copy of the assessment-roll of the town, Avhich, in addition 
to the other matter now required by law, shall state and specify Avhich 
and how much, if any, of the lands assessed are forest lauds, and which 
and how much, if any, are lands belonging to the state; sucli statements 
and specifications to be verified by the oaths of a majority of the assessors. 
The comptroller shall thereupon and before the first day of Sepl^ember fol- 
lowing, and after hearing the assessors and board of fisheries, game and 
forest, if they or any of them so desire, correct or reduce any assessment 
of state lands which may be in his judgment an unfair proportion to the 
remaining assessment of land within the town, and shall in other respects 



Al'PENDIX 129 

approve the assessment and coanmunieate such approval to the assessors. 
No such assessment of state lands shall he valid for any purpose until 
the amount of assessment is approved hy the comptroller, and such ap- 
proval attached to and depcsifcd with the assessment-roll of the town, and 
therewith delivered by the assessors of the town to the supervisor thereof 
or other officer authorized to receive the same from the assessors. Xo tax Tax for 
for the erecTion of a school-house or opening of a road shall be imposed .fchooi"''°' 
on the state lands unless such erection or opening shall have been first houses 
approved in writing by the board of fisheries, game and forest. 

ARTICLE IV 
Section SO Payment of taxes on state lands in foirest preserve. The How pay- 
treasurer of the state, upon the certificate of the comptroller as to the ^xeMo'be 
correct amount of such tax. shall pay the tax levied upon state lands in made 
the forest preserve, by crediting to the treasurer of the county in which 
such lands may be situated, such taxes, upon the amount payable by sncb 
county treasurer to the state for state tax. No fees shall be allowed by 
the comptroller to the county treasurer for such portion of the state tax as 
is so paid. 



Banks, Banking Associations and Individual Bankers 

CJHAP. 908 

AN ACT in relation to taxation, constituting chapter twenty- 
four of the general laws 

Took effect June 15, 1898 
ARTICLE I 

Place of Taxation 

Section 1.3 Stockholders of bank taxable on shares. The stockholders 
of every bank or banking association organized under the authority of 
this state, or of the United States, shall be assessed and taxed on the value 
of their shares of stock therein; said shares shall be included in the valua- 
tion of the personal propertj^ of such stockholders in the assessment of 
taxes in the tax district where such bank or banking association is located, 
and not elsewhere, whether the said stockholders reside in said lax dis- 
trict or not. 

Sec. 14 Place of taxation of individual bank capital. Every iadlvldual 
Ibauker shall be taxable upon the amount of capital invested in his banking 
business in the tax district Avhere the place of such business is located and 
shall, for that purpose, be deemed a resident of such tax; district. 

ARTICLE II 

Mode of Assessment 

Section 23 Banks to make report.- The chief fiscal oifieer of every bank 
or banking association organized under the authority of this state or of the 
United States, shall, on or before the first day of July, furnish the assessors 
■of the tax district in which its principal office is located, and also the s'.ate 
board of tax commissioners, a statement, under oath, of the condition of 
sucli bank or banking association, on the first day of June next preceding, 
stating the amount of its authorized capital stock, the number of shares 
and the par value of tlie shares thereof, the amount of stock paid in, the 
date and rate per centum of each dividend declared by it during the year, 
the capital employed by it during the year, the amount of its surplus, if 
any, the amount, value and location of its real estate, a complete list of 
the names and residences of its stockholders, and the number of shaves 
1 ' y eaou. and such other data, information or matters as- may be 
prescribed by the state board of tax commissioners, who shall furnish 
blanks upon which such reports shall be made, and prescribe the form of 
9 



130 Appendix 

verification thereto, and such commissioners may, at any time, require a 
further and fuller report. In case of neglect or refusal on the part of any 
bank, corporation or association to report, as herein prescribed, or to 
make other or further reports as may be required by the commissioners 
of taxes, such bank, corporation or association shall forfeit the sum of one 
hundred dollars for each failure, and the additional sum of ten dollars for 
each day such failure continues, and an action therefor shall be prose- 
cuted by the state board of tax commissioners. There shall, in acldlt on 
to such report, be kept in the office of evei-y such bank or banking aso- 
ciation a full and correct list of the names and residences of all the stock- 
holders therein and of the number of shares held by each, and sucti list 
shall be subject to the inspection of the assessors and the board of com- 
missioners of taxes at all times. The list of stockholders furnished by siicb 
bank, corporation or association shall be deemed to contain the names of 
the owners of such shares as are set opposite them respectively, for the 
purposes of assessment and taxation. 

Sec. 24 Bank shares, how assessed. In assessing the shares of stock 
of banks or banking associations, organized under the authority of this 
state or the United States, each stockholder shall be allowed all the deduc- 
tions and exceptions allowed by law in assessing the valwe of other taxable 
property owned by individual citizens of this state, and the assessment and? 
taxation shall not be at a greater rate than is made or assessed upon other 
moneyed capital in the hands of individual citizens of this state. In mak- 
ing such assessment, there shall also be deducted from the value of suchi 
sihares a sum which bears the same proportion to such value as the 
assessed value of the real property of such bank or banking association 
bears to the capital stock thereof. This is not to be construed as an 
exemption of the real estate of banks or banking associations from taxa- 
tion. 

Sec. 25 Individual banker, how assessed. Every individual bankpr 
doing business under the laws of this state, must report before the fifteenth 
day of June under oath to the assessors of the tax district in which anj^ of 
the capital invested in such banking business is taxable, the amount of 
capital invested in such banking business in such tax district on the first 
day of June preceding. Such capital shall be assessed as personal property 
to the banker in whose name such business is carried on. 

Sec. 26 Notice of assessment to bank or banking association. Tlie 
assessors of every tax district shall within ten days after they have com- 
pleted the assessment of the stock of a bank or banking association, give 
written notice to such bank or banking association of such assessment of 
the shares of its respective shareholders, and no personal or other notice 
to such shareholders of such assessment is required. 

ARTICLE IV 
Collection of Taxes 

Section 72 Collection of taxes assessed against stocks in banks and 
banking associations. Every bank or banking association shall retain 
am 'end until the delivery to the collector of the tax-roll and war- 

rant of the current year, and within ten days after such deliveiT, shall 
pay to such collector so much of such dividend as may be necessary to 
pay any unpaid taxes assessed on the stock upon which such dividend 
is declared. In case the owner of such stock resides in a place other than 
where the bank or banking association is located, the same power may be 
exercised in collecting the tax so assessed as is given in case a person has 
removed from a tax district in which the assessment Avas made. The tax 
so assessed shall be and remain a lien on the shares of stock against 
which it is assessed till the payment of such tax, and if the s*ock is trans- 
ferred it shall be subject to such lien. The collector or county treasurer 
may foreclose such lien in any court of record, and collect from the avails 
of the sale of the stock the tax assessed against the same. In addition, 
thereto, the same remedy may be had for the collection of the tax on 
such shares as is now provided by law for enforcing payment of personal 
tax against residents. 



Appendix 131 

Apportioning Valuation of Railroads, Telegraph, Telephone 
and Pipe-Line Companies between School Districts 

CHAP. 908 

AN ACT in relation to taxation, constituting chapter twenty- 
four of the general laws 

Took effect June 15, 1896 
ARTICLE II 

Mode of Assessment 

Section 39 Assessors to a,pporticn valuation of railroad, telegraph, 
■telephone, or pipe-line companies between echcol districts. The as- 
-sessors of each town in which a raih-oad, telegraph, telephone or pipe-line 
•company is assessed upon property lying in move than one scho'ol district 
therein, shall, within Jifteen days after the final completion of the roll, 
apportion the assessed valuation of the property of each of such corpora- 
tions among such school districts. Such apportionment shall be signed 
by the assessors or a majority of them, and be filed with the town cleric 
within five days thereafter, and thereupon the valuation so fixed shall 
])ecome the valuation of such property in such school district for the pur- 
pose of taxation. In case of failure of the assessors to act, the supervisor 
of the town shall make such apportionment on request of either the trus- 
tees of any school district or of the corporation assessed. The town 
c'lerk shall furnish the trustees a certified statement of the valuations ap- 
portioned to their respective districts. In case of any alteration in any 
school district affecting the valuation of such property, the officer making 
the same shall fix and determine the valuations in the districts affected for 
ithe current year. 



Railroad Companies— Collection of Taxes 

CHAP. 675 

AN ACT to facilitate the payment of school taxes by railroad 

companies 

Passed July 25, 1881 

* Section 1 It shall be the duty of the school collector in each school dis- fp^JJorato^ 
trict in this state, except in the counties of New York, Kings and Catta- de'iiver ** 
raugus, within five days after the receipt by such collector of any and every statement 
tax or assessment-roll of his district, to prepare and deliver to the county n'ea^im'rof 
treasurer of the county in which such district, or the greater part thereof, every tax 
is situated, a statement showing the name of each railroad company ap- nfent*^**^" 
pearing in said roll, the assessment against each of said companies for real a-ainst 
una personal property respectively, and the tax against each of said com- e;l;ni''pa,f,eg 
panics. It shall thereupon be the duty of such county treasurer, immedi- hi ihe'ir 
ately after the receipt by him of such statement from such school col- ^^'sincts 
lector, to notify the ticket agent of any such railroad company assessed 
for taxes at the station nearest to the office of such county treasurer, '"'lunty 
personally or by mail, of the fact that such statement has been filed with f^tist"'^*'^ 
him by such collector, at the same time specifying the amount of tax to tiieieupon 
be paid by such railroad company. ueket '^^ 

Sec. 2 Any railroad company heretofore organized, or which may here- asent of 
after be organized, under the laws of this state, may within thirty days^^g^^^^ 
after the receipt of such statement by such county treasurer, pay the puny 
amount of tax so levied or assessed against it in such district and in such 
statement m'entioned and contained with one per centum fees thereon, 
to such county treasurer, who is hereby authorized and directed to receive 
6uch amount and to give proper receipt therefor. 

* As amended by chapter 533, laws of 1S85. 



132 Appendix 

Sec. 3 In case any railroad company sball fail to pay such tax within 
said thirty days, it shall be the duty of such county treasurer to notify the- 
collector of the school district in which such delinquent railroad company 
is assessed, of its failure to pay said tax, and upon receipt of such notice- 
it shall be the duty of such collector to collect such unpaid tax in the man- 
ner now provided by law, together with five per centum fees thereon; but 
no school collector shall collect by distress and sale any tax levied or as- 
sessed in this district upon the property of any railroad company until the 
receipt by him of such notice from the county treasurer. 

Sec. 4 The several amounts of tax received Ijy any county treasurer in 
this state, under the provisions of this act, of and from railroad companies, 
shall be by such county treasurer placed to the credit of the school district 
for or on account of which the same was levied or assessed, and on demanfT 
paid over to the school collector thereof, and the one per centum fees re- 
ceived therewith shall be placed to the credit of, and on demand paid to, 
the school collector of such school district. 

Sec. 5 Nothing in this act contained shall be construed to hinder, pre- 
vent or prohibit any railroad company from paying its school tax to the 
school collector direct, as now provided by law. 

Sec. 6 This act shall take effect immediately. 



Exemptions from Taxation— Dwelim^-house and Land Owned 
by Religious Corporation, when Exempt, and Real and Per- 
sonal Property of a Minister of the Gospel or Priest 

CHAP. 908 

AN ACT in relation to taxation, constituting chapter twenty- 
four of the general laws 

Took effect June 15, 1S90. 
ARTICLE I 

Taxable Property and Place of Taxation 

Section 4 Exemptions from taxation. The following property shall be 
exempt fi*om taxation. 

9 All dwelling-houses and lots of religious corporations while actually 
used by the officiating clergymen thereof, but the total amount of such 
exemption to any one religious corporation shall not exceed two thousand 
dollars. Such exemption shall be in addition to that provided by sub- 
division seven of this section. 

^ .;. ^ :i: :i: * * * * 

11 The real property of a minister of the gospel or priest who is regu- 
larly engaged in performing his duties as such, or permanently disabled^ 
by impaired health from the performance of such duties, or over seventy- 
five years of age, and the personal property of such minister or priest, but 
the total amount of such exemption on account of both real and personal 
property shall not exceed fifteen hundred dollars^ 



Appendix 133 

Real and Personal Property of Corporations and Associa- 
tions Organized Exclusively for Moral, Mental, Religious 
Purposes, etc., Exempt from Taxation 

C?HAP. 908 

AN ACT in relation to taxation, constituting chapter twenty- 
four of the general laws 

ARTICLE I 

Taxable Property and Place of Taxation 

♦Section 4 Exemption from taxation. The following property shall be 
exempt from taxation: 

7 The real property of a cori>oration or association organized' exclu- ■^j^®™{'"°" 
sively for the moral or mental improvement of men or women, or for property 
religions, bible, tract, charitable, benevolent, missionary, ho'spital, in- i^om taxa- 
firmaiy, educational, scientific, literary, librarj-, patriotic, historical or ""'^ 
cemeterj' purposes, or for the enforcement of lavs^s relating to children 
or animals, or for two or more such purposes, and used exclusively for 
cari-ying out thereupon one or more of such purposes; and the personal 
property of any such corporation shall be exempt from taxation. But no Proviso as 
such corporation or association shall be entitled to any such exemption if ^fon^®"*^ 
any officer, member or employe thereof shall receive or may be lawfully 
entitled to receive any pecuniary profit from the operations thereof except 
reasonable compensation for services in effecting one or more of such 
purposes, or as proper beneficiaries of its strictly charitable purposes; or 
if the organization thereof, for any such avowed purposes be a guise or 
pi'etense for directly or indirectly making any other pecuniary profit for 
such corporation or association, or for any of its members or employes, or 
if it be not in good faith organized or conducted exclusively for one or ' 

more of such purposes. The real property of any such corporation or ^f®™Pg^° 
association entitled to such exemption held by it exclusively for one or ZoUm' 
more of such purposes, and from which no rents, profits or income are actual use 
derived, shall be so exempt, though not in actual use therefor by reason 
of the absence of suitable buildings or improvements thereon, if the con- 
struction of such buildings or improvements is in progi-ess, or is in good 
fa^ith contemplated by such corporation or association. The real property ^^f^f^^'^ 
of any such corporation not so used exclusively for carrying out thereupon property 
one or more of such purposes, but leased or otherwise used for other pur- 
poses, shall not be exempt, but if a portion only of any lot or building of 
any such corporation or association is used exclusively for^ cari-j'ing out 
thereupon one or more such purposes of any such corporation or assccia- 
tion, then such lot or building shall be so exempt only to the extent of 
the value of the portion so used, and the remaining or other portion to the 
extent of the value of such remaining or other portion shall be subject to 
taxation. Provided, however, that a lo* or building owned, and actually 
used for hospital purposes, bj' a free public hospital, depending for main- 
tenance and support upon voluntary charity shall not be taxed as to a 
portion thereof leased or otherwise used for the purposes of income, when 
such income is necessary for, and is actually applied to. the maintenance 
and support of such hospital. Property held by any officer of a religious P^jF^p®"^' 
denomination shall be entitled to the same exemptions, subject to the same officer^of 
conditions and exceptions, as property held by a religious corporation. reiij^ious 

corpora- 

-^——^— — tion 

•As amended by chapter 371, laws of 1897. 



^34 Appendix 

Real Property Purchased with Proceeds of Pensions Granted 
by the United States, for Military or Naval Se«"vkes, Sub- 
ject to. taxation for School Purposes, etc. 

Chapter 347, laws of 1897, section 1, amends subdivision 5 of section 4 
of cliap'ter 908, laws of 1896, entitled "An act in relation to taxation, 
constituting' chapter twenty-four of the general laws," as follows: 

Section 1 Subdivision five of section four of chapter nine hundred and 
eight of the laws of eighteen hundred and ninety-six, entitled "An act in 
relation to taxation, constituting chapter twenty-four of the general laws," 
is hereby amended to read as follows: 

5 All property exempt by law from execution, other than an exempt 
homestead. But real property purchased with the proceeds of a pension 
granted by the United States for military or naval services, and owned 
and occupied by the pensioner, or by his wife or widow, is subject to 
taxation as herein provided. Such property shall be assessed in the same 
manner as other real property in the tax districts. At the meeting of the 
assessors to hear the complaints concerning assessments, a verified appli- 
cation for the exemption of such real property from taxation may be 
presented to them by or on behalf of the owner thereof, which application 
must show the facts on which the exemption is claimed, including the 
amount of pension money used in or toward the purchase of such property. 
If the assessors are satisfied that the applicant is entitled to the exemption, 
and that the amount of pension money used in the purchase of such prop- 
erty equals or exceeds the assessed valuation thereof, they shall enter the 
word " exempt " upon the assessment-roll opposite the description of such 
property. If the amount of such pension money used in the purchase of 
the property is less than the assessed valuation, they shall enter upon the 

assessment-roll the words " exempt to the extent of dollars " 

(naming the amount) and thereupon such real property, to the extent of 
the exemption entered by the assessors, shall be exempt from state, county 
and general municipal taxation, but shall be taxable for local school pur- 
poses, and for the construction and maintenance of streets and highways. 
If no application for exemption be granted, the property shall be subject 
to taxation for all purposes. The entries above required shall be made and 
continued in each assessment of the property so long as it is exempt from 
taxation for any purpose. The provision herein, relating to the assessment 
and exemption of property purchased with a pension apply and shall be 
enforced in each municipal coriwration authorized to levy taxes. 



Pay, Bounty and Pension Money of Soldiers and Sailors and 
Real Property Purchased Therewith 

CODE OF CIVIL PEOCEDURE 

♦Section 1398 The pay and bounty of a non-commissioned oflScer, mu- 
sician or private in the military or naval service of the United States or 
the state of New York; a land waiTant, pension or other reward, liprelo- 
fore or hereafter granted by the United States, or by a state, for military 
or naval services; a swoi'd, horse, medal, emblem or device of any kind 
presented as a testimonial for services rendered in the militaiy or naval 
service of the United States or a state; and the uniform, arms and equip- 
ments which were used by a jjerson in that service, are also exempt from 
levy and sale, by virtue of an execution, and from seizure for non-payment 
of taxes, or in any other legal proceeding; except that real property pur- 
chased with the proceeds of a pension granted by the United Slates for 

* As amended by chapter 318, laws of 1897. 



Appendix 135 

military or naval services, and owned by the pensioner, or by tiis wife oi 
widow, is subject to seizure and sale for the collection of taxes or assess- 
ments lawfully levied thereon. 

Note. The court of appeals of this state, In Yates County National Bank v. Carpenter, 119 N. Y. 
550, held where such money (pay and bounty, land warrant, pensions or other reward) can be traced 
directly to the purchase of property, necessary or convenient for the support of the pensioner and 
his family, such property is made exempt by the above section. 

A. By the revised statutes of this state, all property exempted by law from execution shall be 
exempt from taxation. 



Holidays i 

CHAP. 677 

AN ACT relating to the construction of statutes constituting 
chapter one of the general laws. Passed May 18, 1892. As 
amended by chapter 614, laws of 1897 

Section 24 The term holiday includes the following days in each year: pnhnc 
The first day of January, Ivuown as New Year's day; the twelfth day of iioi'd^y* 
February, known as Lincoln's birthday; the twenty-second day of Feb- 
ruary, linown as Washington's birthday; the thirtieth day of May, known 
as Memorial day; the fourth day of July, known as Independence day; the 
first Monday of September, known as Labor day, and the twenty-fifth 
day of December, known as Christmas day, and if either of such days Is 
Sunday, the next day thereafter; each general election day and each day 
appointed by the president of the United States or by the gcvernor of this 
state as a day of general thanksgiving, general fasting and prayer, or other 
general religious observances. The term, half-holiday, includes the period HaiN 
from noon to midnight of each Saturday which is not a holiday. The days ° ^^^ 
and half days afoi-esaid shall be considered as the first day of the week, 
commonly called Sunday, and as public holidays or half-holidays, for all 
purposes whatsoever as regards the transaction of business in the public 
offices of this state, or counties of this state. On all other days and half 
days, excepting Sundays, such olfices shall be kept open for the transac- 
tion of business. 

Note. By section 6 of title 2, chapter 556, laws of 1894, the consolidated school law, all legal 
holidays that may occur during the terms of school during every school year, of 160 days of school, 
are Included as parts of said 160 days, aud exclusive of Saturdays. No Saturday shall be counted as 
"art of said 160 days of school, and no school shall be in session on a legal holiday. 



Actions by and Against Trustees of School Districts 

CODE OF CIVTL PROCEDURE 

♦Section 1926 Actions by certain specified officers. An action or si>e- 
cial proceeding may be maintained, by the trustee or trustees of a school 
district; the overseer or overseers of the poor of a village, or city; the 
county superintendent or superintendents of the poor; or the supervisors 
of a county, upon a contract, lawfully made with those officers or their 
predecessors, in their official capacity; to enforce a liability created, or a 
duty enjoined, by law, upon those officers, or the body represented by 
them; to recover a penalty or a forfeiture, given to those officers, or the 
body represented by them; or to recover damages for an injury to the 
property or rights of those officers, or the body represented by them; al- 
though the cause of action accrued before the commencement of their 
term of office. 

Sec. 1927 An action or special proceeding may be maintained against 
any of the officers specified in the last section (1928), upon any cause of 

V 

• As amended by chapter 302, laws of 1897, 



136 Appendix 

action, which accrues against them, or has accrned against tlieir predeceS' 
sors, or npon a contract made by their predecessors in their otiicial capac- 
ity, and within the scope of their authority. 

(See also sections 192S, 1929 and 1930.) 

Section 1931 provides that an execution can Ibe issued upon a judgment 
for a sum of money against the trustee or trustees of a school district, and 
such execution may be issued against and be collected out of the property 
of such officers, and the sum collected must be allowed to him on the set- 
tlement of his official accounts, except as otherwise specially prescribed by 
law. 

Note. By section S."), article 7, title 7 of oonsolidatPfl school law, chapter 556, la'ws of 1894, Ic Is 
provided, "Whenever any sum or sums of money payable by any person or ptrsons named In such 
tax-list, shall not be paid by such person or persons, or collected by such warrant within the time 
then-in limited, or the time limited by any renewal of such warrant ; or in case the piopprtv assessed 
be real estate belonging to an incorporated company, and no goods or cliattels can be found 
whereon to levy tlie tax, the trustee or trustees may sue for and recover the same in their name of 
office." 

A. See sub. 17, section 14 of article 1, title 7 of the consolidated schooi law, chapter 556, laws of 
1S94, relative to payment of judgments obtained in actions against trustees of districts for unpaid 
teachers' wages; also sectioi.s 4 and °i of article 1 of title 15 of the consolidated school law, as to 
payment of costs and damages In actions or proceedings brought by or against trustees of districts. 



PEISTAIi CODE 

Sec. 46 Attempting to prevent oScers from performing' duty. A per- 
son who attempts, by means of any threat or violence, to deter or prevent 
an executive ©fficer from performing any duty imposed upon such officer by 
law, is guilty of a misdemeanor. 

Sec. 47 E^sistiiig officers. A person Avho knowingly resists by the use 
of force or violence, any executive officer, in the performance of his duty, 
is guilty of a misdemeanor. 

Sec. i)7 Ofncer refusing to surrender to successor. A person who, hav- 
ing been an executive or administrative officer, wrongfully refuses to sur- 
render the official seal, or any books or papers appertaining to his office, 
upon the demand of his lawful successor, is guilty of a misdemeanor. 

Sec, 58 Administrative oficers. The various provisions of this chap- 
ter which relate to executive officers apply to administrative officers, in 
the same manner as if administrative and executive officers were both 
mentioned. 

Sec. 94 Ijpjury, etc., to public records. A person who. willfully and 
unlawfully removes, mutilates, destroys, conceals, or obliterates a record, 
map, book, paper, document, or other thing, filed or deposited in a public 
office or with any public officer by authority of law, is punishable by im- 
prisonment for not more than five years, or by a fine, not more than five 
hundred dollars, or by both. 

Sec. 114 Injury to records and misappropriation by ministerial offi- 
cers. A sheriff, coroner, clerk of a court, constable or other ministerial 
officer, and every deputy or subordinate ol any ministerial officer, who 
either : 

1 Mutilates, destroys, conceals, erases, obliterates or falsifies any record 
or paper appertaining to his office; or 

2 Fraudulently appropriates to his own use or to the use of another 
person, or secretes Avith intent to appropriate to such use, any money, evi- 
dence of debt or other property instrusted to him in virtue of his otiice, is 
guilty of felony. 

Sec. 117 Heglect of public officers. A public officer, or person holding a 
public trust or employment, upon vv^hom any duty is enjoined by law, who 
willfully neglects to perform the duty, is guilty of a misdemeanor. 

Sec. 223 Use of force or violence, declared not unlav/ful, etc. To use 
or attempt, or offer to use, force or violence upon or toward the person of 
another is not unlawful in the following cases: 

4 When committed by a parent or the authorized agent of any parent, 
or by any guardian, master, or teacher, in the exercise of a lawful author- 



Appendix 137 

ity to reotrain or correct his child, ward, apprentice or scholar, and the 
force or violence used is reasonable in manner and moderate in degree; 

Sec. 448 Disturbing lawful m.eeting'S. A person who, without author- 
ity of law, willfully disturbs any assembly or meeting, not unlawful in its 
character, is guilty of a misdemeanor. 

Sec. 470 Misappropriation, etc., and falsification of accounts by public 
officers. A public ofhcer, or a deputy, or clerk of any such officer, and 
any other person receiving money on behalf of, or for account of the peo- 
ple of this state, or of any department of the government of this state, 
or of any bureau or fund created by law, and in which the people of this 
state are directly or indirectly interested, or for or on account of any city, 
county, village or town, who 

1 Appropriates to his own use, or to the use of any person not entitled 
thereto, v.'ithout authority of law, any money so received by him as such 
officer, clerk or deputy, or otherwise; or 

2 Knowingly keeps any false account, or makes any false entry or 
■erasure ii any account of, or relating to, any money so received by him, or 

3 Fraudulently alters, falsifies, conceals, destroys or obliterates any 
sxich account; or 

4 Willfully omits or refuses to pay over to the people of this state or 
their officer or agent authorized by law to receive the same, or to such 
city, village, county or town, or the proper officer or authority empowered 
to demand and receive the same, any money received by him as such offi- 
cer, when it is his duty imposed by law to pay over, or account for, the 
same; is guilty of felony. 

Sec. 471 Other violations of law. An officer or other person men- 
tioned in the last section who willfully disobeys any provision of law 
regulating his official conduct, in cases other than those specified in that 
section is guilty of a misdemeanor, punishable by a fine not exceeding one 
thousand dollars, or imprisonment not exceeding two years, or both. 

Sec. 473 A public officer or school officer, who is authorized to sell or 
lease any property, or to make any contract in his official capacity, or to 
take part in making any such sale, lease or contract, who voluntarily be- 
comes interested individually in such sale, lease or contract, directly or in- 
■dii'ectly, except in cases where such sale, lease or contract, or payment 
under the same, is subject to audit or approval by the superintendent of 
public instruction, is guilty of a misdemeanor. 

Sec. 485 Making false statement in reference to taxes. A person who, 
in making any statement, oral or written, which is required or authorized 
by law to be made as the basis of imposing any tax or assessment, or of 
an application to reduce any tax or assessment, willfully makes, as to any 
material matter, any statement which he knows to be false, is guilty of a 
misdemeanor. 

Sec. 485a School district trustee not to draw draft on supervisor in 
certain cases, A school district trustee who issues an ordeir or draws a 
■draft on supervisor or collector for any money, unless there is at the time 
sufficient money in the hands of such supervisor or collector belonging to 
the district to meet such order or draft, is guilty of a misdemeanor. 

Sec. 505 Unlav/fully entering building, A picrson who, undtir. c'rcum- 
stances or in a manner not amounting to a burglary, enters a building, or 
any part thereof, Avith intent to commit a felony or a larceny, or any 
malicious mischief, is guilty of a misdemeanor. 

Sec. 515 Other cases of forgery in third degree, A person who, with 
Intent to defraud or to conceal any larceny or misappropriation by any 
person of any money oa- property, either , 

1 Alters, erases, obliterates, or destroys an account, book of accounts, 
record, or writing, belonging to, or appertaining to the business of, a cor- 
poration, association, public'office or officer, partnership, or individuals; or 

2 Makes a false entry in any such account or book of accounts; or 

3 Willfully omits to make ti-ue entry of any material particular in any 
such account or book of accoomts, made, written, or kept by him or under 
his direction; is guilty of forgery in the third degree. 



138 



Appendix 



General 

powers 

Boards of 
supervisois 
may divide 
school com- 
missioner 
districts 
containing 
more than 
two hun- 
dred school 
districts 



Division of School Commissioner Districts — Erection of 

CHAP. 686 

AN ACT in relation to counties, constituting chapter eighteen 
of the general laws 

Passed May 18, 1892. 
THE COUNTY LAW 

Article Eleven— Boards of Supervisors 

Section 12 The board of supervisors slaall: 

9 Divide any scliool commissioner's district within the county which 
contains more than two hundred school districts, and erect therefrom an 
additional school commissioner's district, and when such district shall 
have been formed, a school commissioner for the district shall be elected 
in the manner provided by law for the election of school commissioners. 



Continuing Free Instruction in Natural History, Geography 
and Kindred Subjects, etc. 

CHAP. 97— LAWS OF 1897 

AN ACT to continue free instruction in natural history, geog- 
raphy and kindred subjects in certain institutions, and making 
an apppopriation therefor 

Became a law March 23, 1897, with the approval of the Governor. Tassed, 
three-fifths being present. 

Section 1 The state superintendent of public inatniction is hereby au- 
thorized to enter into an agreement with the American museum of natural 
history, in the city of New Yorli, for continuing the instruction of natural 
history, geography and kindred subjects in the several state nonnal 
schools, the normal college of the city of New York, the training school 
for teachers in the city of Bi'ooklyn, the teachers' institutes in the different 
counties of the state, and to the teachers in the common schools of the 
city of New York, Brooklyn and vicinity, authorized by chapter four hun- 
dred and twenty-eight of the laws of eighteen hundred and eighty-six, by 
chapter three hundred and thirty-seven of the laws of eighteen hundred 
and eighty-eight, by chapter forty-three of the laws of eighteen hundred 
and ninety-cue. nud by chapter six of the laws of eighteen hundred 
and ninety-ithree, for the further term of four years from the first day of 
January, eighteen hundred and ninety-seven. 

Sec. 2 Said instruction may include free illustrated lectures to artisans,, 
mechanics and other citizens, on such legal holidays as the state superin- 
tendent and museum authorities may agree upon. 

Sec. 3 The sum of eighteen thousand dollars, payable from the free 
school fund, is hereby appropriated for the preparation for and the supp.u't 
and maintenance of said course of instruction, for the year l>eginning on 
the first day of January, eighteen hundred and ninety-seven; and the sum 
of eighteen thousand dollars shall be apiDropriated annually thereafter In 
the general appropriation bill for the preparation for and the support andi 
maintenance of said course of instruction during the term of the agree- 
ment authorized by this act. 



Appendix 139 



CHAP. 489 



AN ACT to provide that additional facilities for free instruction 
in natural history, geography and kindred subjects, by means 
of pictorial representation and lectures, may be furnished to 
the free common schools of each city and village of the state 
that has, or may have, a superintendent of free commion schools 

Took effect May 2, 1899. 

Section 1 The state superintendent of public instruction is hereby au- 
thorized to furnish additional facilities for instruction in natural history, 
geography and kindred subjects, by means of pictorial representation and 
lectures, to the free common schools of each city and village of the state 
that has, or may have, a superintendent of free common schools. The 
local school authorities may, in their discretion, cause the aforesaid illus- 
trated lectures to be repeated to their artisans, mechanics and other citi- 
zens on the legal holidays and at other times. Any institution instructing 
Si teachers' training class, or any union free school, may have the free use 
■of the apparatus provided by this act upon the payment to the superin- 
tendent of schools loaning the same of necessary expenses incurred in such 
use or for any loss or injury to said property. Said superintendent may, 
from time to time, establish the rules and regulations and make and enter 
into the contracts necessary for carrying out the provisions of this act. 

Sec. 2 The annual report of each school superintendent to the depart- 
ment of public instruction shall contain a full statement of the extent to 
which the instructions described may be given and his judgment of the 
usefulness of the same. 

Sec. 3 The sum of twenty thousand dollars is hereby appropriated, from 
any moneys not otherwise appropriated, for the preparation for and the 
support and maintenance of said instruction for the year beginning on the 
first day of January, eighteen hundred and ninety-nine, payable by the 
treasurer upon the warrant of the comptroller, upon vouchers approved 
by the superintendent of public instruction and audited by the comptroUei-, 
and the sum of twenty thousand dollars shall be appropriated annually 
thereafter, in the general appropriation bill, for the preparation for and 
the support and maintenance of said instruction for the term of four years 
from the' first day of Januai-y, eighteen hundred and ninety-nine. 

Sec. 4 The state superintendent of public instruction is hereby author- 
ized, under such rules and regulations as he may establish, to permit the 
slides for illustrative teaching prepared under the provisions of this act, 
to be sold to such educational institutions of this state as give free instruc- 
tion to a portion of their pupils, and are, or may be, hereafter chartered by 
special acts of the legislature or organized under the general laws of this 
state. 

Sec. 5 This act shall take effect immediately. 



Normal Schools 

C?HAP. 311 

[1. Albast] 

AN ACT for the establishment of a normal school 

Passed May 7, 1844. 

Section 1 The treasurer shall pay on the warrant of the comptroller, to 
the order of the superintendent of common schools, from that portion of 
the avails of the literature fund appropriated by chapter two hundred 



140 



Appendix 



Appropria- 
tion for the 
establish- 
ment of a 
normal 
school at 
Albany 

Annual ap- 
propriation 
for support 



Supervision 
by state 
superin- 
tendent and 
the regents 
of the uni- 
versity 



Executive 
committee, 
duty of 



Rules and 
regulations 

Annual 
report 



and forty-one of the laws of one thousand eight hundred and thirty 'four, 
to the suppoi't of academical departments for the instruction of teachers 
of common schools, the sum of nine thousand six hundred dollars; which 
sum shall be expended under the direction of the superintendent of com- 
mon schools, and the regents of the university, in the establishment and 
support of a normal school for the instruction and practice of teachers of 
common schools in the science of education and in the art of teaching, to 
be located in the county of Albany. 

Sec. 2 The sum of ten thousand dollars shall, after the present year, be 
annually paid by the treasurer on the Avarrant of the comptroller, to the 
superintendent of common schools, from the revenue of the litei'ature 
fund, for the maintenance and support of the school so established, for 
five years, and until otherwise directed by law. 

Sec. 3 The said school shall be under the supervision, management and 
government of the superintendent of common schools and the regents of the 
university. The said superintendent and regents shall from time to time, 
malie all needful rules and regulations, to fix the number and compensa- 
tion of teachers and others to be employed therein, to prescribe the pre- 
liminary examination and the terms and conditions on which pupils shall be 
I'eceived and instructed therein, the number of pupils from the respective 
cities and counties, conforming as nearly as may be to the ratio of popula- 
tion to fix the location of the said school, and the terms and conditions on 
which the grounds and buildings therefor shall be rented, if the same shall 
not be provided by the corporation of the city of Albany, and to provide in 
all things for the good government and management of the said school. 
They shall appoint a board consisting of five persons, of whom the said 
superintendent shall be one, who shall constitute an executive committee 
for the care, management and government of the said school under the 
rules and regulations prescribed as aforesaid, whose duty it shall be from 
time to time to malce full and detailed reports to the said superintendent 
and regents, and among other things to recommend the rules and regula- 
tions which they deem necessary and proper for the said school. 

Sec. 4 The superintendent and regents shall annually transmit to the 
legislature a full account of their proceedings and expenditures of money 
under this act, together with a detailed report by said executive commit- 
tee of the progress, condition and prospects of the school. 



The foregoing was the first provision inade by law in this state for the 
establishment of any normal school. Though general in the sense of being" 
for the benefit of the state, the school was located at Albany, and to pro- 
vide uniformity in arrangement, the act is inserted here with other local 
acts relating to normal schools.* The laws providing for the establish- 
ment of normal schools generally will follow. 

The preceding act was regarded as experimental and for a term of five 
years only. At the expiration of the term, the institution, still at the time 
the only one in the state, was permanently established by the following- 
act: 

CHAP. S18 



Appropria- 
tion for 
erection of 
nornifil 
school 
building at 
Albany 



AN ACT for the permanent establishment of the normal school 

Passed April 12, 1848. 

Section 1 The treasurer shall pay on the warrant of the comptroller, to 
the order of the state superintendent of common schools, from the general 
fund, a sum not exceeding fifteen thousand dollars, to be expended in the 
erection of a suitable building for the accommodation of the State Normal 
School for the in.struction and practice of teachers of common schools, in 
the science of education and the art of teaching. 



♦At a meeting of the regents of the university held March 13, 1890, the corporate name of thfr 
Albany normal school was changed to the New York state normal college. 



Appendix 141 

Sec. 2 The said buildiDg shall be erected under the direction of the How to be 
executive committee of the school, upon the ground owned by the state, erected 
and lying- iu the rear of the geological rooms. 

Sec. 8 The said school shall be as heretofore, under the supervision, supervis- 
mauagement and government of the state superintendent of common ag'^'n^n^' 
schools, and the regents of the university. The said superintendent and and govem- 
regents shall from time to time, make all needful rules and regulations, to™®'^**'* 
fix the number and compensation of teachers and others to be employed 
therein; to prescribe the preliminary examination, and the terms and con- 
ditions on which pupils shall be received and instructed therein; the num- 
ber of pupils from the respective counties conforming as nearly as may be 
to the ratio of population, and to provide in all things for the good govern- 
ment and management of the said school. They shall appoint a board Executive 
consisting of live persons, of whom the said superintendent shall be one, committee 
who shall constitute an executive committee for the care, management and 
government of said school, under the rules and regulations prescribed as 
aforesaid, whose duty it shall be from time to time to make full and de- 
tailed reports to the said superintendent and regents, and among other 
things to recommend the rules and regulations which they deem necessary 
and proper for the said school. 

Sec. 4 The superintendent and regents shall annually transmit to the Annual 
legislature a full account of their proceedings and of the expenditures of report 
money under this and previous acts, together with a detailed report of the 
progress, condition and prospects of the school. 



CHAP. 466 

AN ACT in regard to normal scTiools 

Passed April 7, 1866. 

Section 1 The gOA^ernor, the lieutenant-governor, the secretary of state, Commis- 
the comptroller, the state treasurer, the attorney-general and the super- ^g""?^!*** 
intendent of public instruction, shall constitute a commission to receive proposals 
proposals in writing in regard to the establishment of normal and training ffg^n^em of 
schools for the education and discipline of teachers for the common schools n.umai 
of this state from the board of supervisors of any county in this state; schools 
from the corporate authority of any city or village, from the board of 
trustees of any college of academy, and from one or more individuals. 
Such commission shall have power to accept or refuse such proposals, ^°^^^' 
but the number accepted shall not exceed four. Such proposals shall acceptor 
contain specifications for the purchase of lands and the erection thereon refuse pro- 
of suitable buildings for such schools, or for the appropriatiou of land specifloa- 
and buildings to such use, and also the furnishing of such schools tionsin 
with furniture, apparatus, books and everything necessary to their ^"""^"^^ * 
.support and management. Such proposals may have in view either 
the grant and conveyance of such land and premises to the state, or the 
use of the same for a limited time, and for the gift to the state of furni- 
ture, apparatus, books and other things necessary to conduct such schools. 

Sec. 2 If the proposals made by any board of supervisors or by the cor- Power to 
porate authorities of any city or village shall be accepted, said board or {jy tax"or'^^ 
corporate authorities shall have power to raise by tax and expend the borrow 
money necessary to carry the same into effect, and if in their judgment it 
shall be deemed expedient, they shall have power to borrow money for 
such purpose, for any time not exceeding ten j-ears, and at a rate of inter- 
est not exceeding seven per cent, and issue the corporate bonds of said 
county, city or village therefor. 

*tSec. 3 When the said commission shall have accepted proposals and commis- 
determined the location of any one of such schools, and when suitable gg°tff'y^Q. 

— ceptanceof 

* As amended by section 1, chapter 224. laws of lf-97. proposals 

+ As amended by section 1, chapter 472, laws of 19ul. 



142 



AprENDJX 



■Suppiin- 
teijdent of 
public in- 
struction to 
Hppoiiit 
local Ijoard 



Powers and 
duties of 
local boards 



Keport to 
Che legisla- 
ture 



Course of 
study to be 
prescribed 

Powers and 
duties of 
fiupeiin- 
tendfut 



Selection 
of pupils 



Admission 
of pupils 



Examina- 
tion 



grounds and buildings have been set apart and appropriated for such 
schools, and all needful preparations made for opening same in accordance 
with the proposals accepted, the commission shall certify the same in 
writing, and then their power under this act in relation to such school shall 
cease, and thereupon the superintendent of public instruction shall appoint 
a local board, consistica of not less than three persons, who shall, respec- 
tively, hold their offices until removed by the concurrent action of the 
chancellor of the university and the superintendent of public instruction, 
and who shall have the immediate supervision and management of such 
school, subject, however, to his general supervision and to his direction in 
all things pertaining to the school. Such local board shall have power 
to appoint one of their number chairman, one secretary and another treas- 
urer of the board. The secretary may also be treasurer. The treasurer 
sihall give an undertaking to the people of the state for the faithful per- 
formance of his trust, in an amount fixed by the superintendent of public 
instruction. The undertaliing shall be approved by the superintendent and 
filed in the office of the comptroller. The secretary and the treasurer 
shall each be paid an annual salary to be fixed by the local board, with 
the approval of the superintendent of public instruction, but the aggre- 
gate amount of such salaries shall not exceed four hundred dollars. 
A majority of each of said boards shall form a quorum for the transaction 
of business, and in the absence of any officer of the board, another member 
may be appointed pro tempore to fill his place and perform his duties. 
It shall be the duty of such board to make and establish, and from time to 
time to alter and amend, such rules and regulations for the government of 
such schools under their charge, respectively, as they shall deem best, 
which shall be subject to the approval of the superintendent of public 
instruction. They shall also severally transmit through him, and subject 
to his approval, a report to the legislature on the first day of January in 
each year, shoAving the condition of the school under their charge during 
the year next preceding, and which report shall be in such form and 
contain such an account of their acts and doings as the superintendent 
shall direct, including, especially, an account in detail of their receipts 
and expenditnires, which shall be duly verified by the oath or affirmation 
of their chairman and secretary. 

Sec. 4 It shall be the duty of the local board subject to the approval of 
the superintendent of public instruction, to prescribe the course of study 
to be pursued in each of said schools. It shall be the duty of the super- 
intendent of public instruction to determine what number of teachers 
shall be employed in each school, and their wages, whose employment 
shall also be subject to his approval; to order, in his discretion, that one or 
more of said schools shall be composed exclusively of males and one or 
more of females; to decide upon the number of pupils to be admitted to 
each of said schools, and to prescribe the time and manner of their selec- 
tion, but he shall take care in such selection to provide that every part of 
the state shall have its proportionate irepresentation in such school as near 
as may be according to population; but if any school commissioner district 
or any city, shall not, for any cause, be fully represented in either of said 
schools, then the superintendent of pablic instruction may cause the maxi- 
mum number of such pupils to be supplied from any part of the state, 
giving preference, however, to those living in the county, city or village 
where such school is situated. 

*Sec. 5 All applicants for admission shall be residents of this state, or. 
If not, they shall be admitted only upon the payment of such tuition fees 
as shall be, from time to time, prescribed by the superintendent of public 
instruction. Applicants shall present such evidences of proficiency or be 
subject to such examination at the school as shall be prescribed by said 
superintendent. From and after the twentieth day of August, one thou- 
sand eight hundred and eighty-nine, it shall not be lawful for any such 
school to receive, into any academic department connected therewith, any 
pupil not a resident of the territory, for the benefit or advantage of whose 



♦ As amended by chapter 142, laws of 18S9. 



Appendix I43 

residents the state has pledged itself to maintain such academic depart- 
ment. When admitted, students, unless they are students in the academic Privileges 
or practice department or are non-residents, shall be entitled to all the fies''^''*"" 
privileges of the school, free from all charges for tuition or for the use of 
books or apparatus, but every pupil shall pay for books lost by him, and 
for any damage to books in his possession; any pupil may be dismissed 
from the school by the local board for immoral or disorderly conduct, or 
for neglect or inability to perform his duties. 

Sec. 6 The superintendent of public instruction shall prepare suitable Diplomas to 
diplomas to be granted to the students of such school, who shall have com- begranted 
pieted one or more of the courses of study and discipline prescribed, and a xo be a eer- 
diploma signed by him, the chairman and secretary of the local board and tiQcateof 
the principal of the school, shall be of itself a certificate of qualification ^^^^^^' 
to teach common schools, but such diploma may be annulled for the im- te'ach°n the 
moral conduct of its holder in like manner as provided for the annulment ^°?^™,°^ 
of a diploma of state normal school, in title two, chapter five hundred and ^'^ °°^ 
fifty-five of the laws of eighteen hundred and sixty-four. The provisions Diplomas 
of this section shall be applicable to the Oswego normal training school. ^^uUed 

Sec. 7 The sum of twelve thousand dollars shall be annually and is 
hereby appropriated for the support of each said normal and training 
schools to be organized under this act, payable out of the income of the 
common school fund, to be paid by the treasurer, on the warrant of the 
comptroller upon the certificate of the superintendent of public instruction 
aflixed to the proper accounts verified by the oath or affirmation of the 
local board of each school; but none of the money hereby appropriated 
shall be paid for the purchase of any ground, site or buildings for the use 
of such schools. 

Sec. S Local boards appointed under this act shall consist of not more Local 
than thirteen persons, and the office of any member of any such local boards to 
board, which now consists of more than thirteen members, is hereby de- '^""^i**"*' 
dared vacant; and the said superintendent of public instniction shall 
appoint a new local board, and may fill, by appointment, all vacancies 
occurring in said local boards. Until the appointment of such new local 
board, and until a quorum of such board shall have entered upon the dis- 
charge of its duties, and during such time as any local board shall omit 
to discharge its duties, the said superintendent is authorized to discharge 
the duties of such local boards or any of its officers; and the acts of said 
superintendent in the premises shall be as valid and as binding as if done 
by a competent local board or its officers, or with their co-operation. 
\This section added by laws of 1869, chapter 18.) 



State normal and training schools were established under the provisions 
of the foregoing act and special acts, as follows: 

Brockport.— Chaps. 21 and 96, laws of 1867. 

BuiT.'ilo.— Chap. 583, laws of 1867. 

Cortland.— Chap. 199, laws of 3867; chap. 174, laws of 1868. 

Fredonia.— Chap. 223, laws of 1867. 

Geneseo.— Chap. 193, laws of 1867; chap. 601, laws of 1868, and chap. 
2P4, laws of 1871. 

Oswego. — Chap. 418, laws of 1863, as amended by chap. 445, laws of 
1865; chap. 170, laws of 1867. 

Potsdam. — Chap. 6, laws of 1867. 

New Paltz.— Chap. 287, laws of 1885. 

Oneonta. — Chap. 374, laws of 1887. 

Plattsburgh.— Chap. 517, laws of 1S89. 

Jamaica.— Chap. 553, laws of 1893. 

Note. There Is also a normal college In the city of New York and training schools In other cities ' 
of the state maintained by local authorities. 



144 



Appendix 



Local 

boards to 
have cus- 
tody, etc.. 
of grounds 
and build- 
lugs 

Willful 

trespass 
upon, a 
misde- 
meanor 

Special 
policrman 
may be wp- 
pointed 



Arrest of 
offenders 



Custody and Preservation of Normal School Buildings 

CHAP. 348 

AN ACT concerning tlie grounds, buildings and propertv of tlie 

state provided for normal schools, the custody, protection and 

preservation of the same, and the powers of local boards in. 

relation thereto 

Passed May 20, 1880. 

Section 1 The local boards of managers of tlie respective normal scliools- 
in this state shall have the cnstody. keeping and management of the 
gronnds and Iniildings provided or nsed for the purposes of such schools, 
respectively, and other property of the state pertaining thereto, with power 
to protect, preserve and improve the same. 

*Sec. 2 (Section 2 providing for the punishment for willful trespass, 
repealed liy subdivision 55 of sec. 1 of chap. 593. Laws of 188(1.) 

Sec. 3 For the purpose of protecting and preserving such buildings, 
grounds and other property, and preventing injuries thereto, and pre- 
serving order, preventing disturbances, and preserving the peace in such 
buildings and upon such grounds, the local board of managers of each of 
said normal schools shall have power, by resolution or otherwise, to 
appoint, from time to rime, one or more special policemen, and the same 
to remove at pleasure, who shall be police otficers, with the same powers 
as constables of the town or city where such school is located, whose duty 
it shall be to preserA-e order, and prevent disturbances and breaches of the 
peace in and about the buildings, and on and about the grounds used for 
said school, or pertaining thereto, and protect and preserve the same from 
injury, and to arrest any and all persons making any loud or unusual noise, 
causing any disturbance, committing any breach of the peace, or misde- 
meanor or' any willful trespass upon such grounds, or in or upon said 
buildings, or any part thereof, and convey such person or persons so ar- 
rested, with a statement of the cause of the an-est, before a proper magis- 
trate to be dealt with according to law. 

Sec. 4 This act shall take effect immediately. 



Insurance of Property of Normal Schools 

CHAP. 443 

AN ACT to amend chapter one hundred and sixteen of the laws 
of eighteen hundred and eightv-two, entitled "An act author- 
izing the local board of the state normal schools of this state 
to insure the buildings and property belonging to said schools 
for the benefit of the state " 



Became a law May 3, 1894, with the approval of the Governor, 
three-fifths being present. 



Passed, 



Insurance Section 1 Section one of chapter one hundred and sixteen of the laws of 
of buildings p}g,iitpeii hundred and eighty-two, entitled "An act authorizing the local 

bo^irds of the state normalschools of this state to insure the buildings and 

property belonging to said schools for the benefit of the state," is hereby 

amended so as to read as follows: 

Sec. 1 The local board of each state normal school of this state is hereby 

authorized to msure and keep insured for the benefit of the state all the 



♦Chapter XIV of the penal code provides a penalty for such offenses. 



Appendix 14:5 

real and personal property belonging to said school, and to pay for the 
same out of any money or moneys appropriated by the state, from time to 
time, for the maintenance of said school; and any insurance already 
effected by any such board is hereby ratified and confirmed. 
Sec. 2 This act shall talie effect immediately. 



Insurance Money 

CHAP. 488 

AN ACT for the disposition and use of insurance moneys received 
for loss or damage of property in the state normal and training 
schools 

Became a law May 4, 1894, with the approval of the Governor. Passed, 
three-fifths being present. 

Section 1 Where any loss or damage, against which insurance exists, Monpy 
occurs to the real or personal property of any of the normal and training fronriiisur- 
schools of the state, the moneys realized from such insurance shall be de- ancetobe 
posited by each company in which such propertj^ is insured in a bank to deposited 
be designated by the state comptroller, subject to the checlc of the local 
board of managers of such school, countersigned by the state comptroller, jjow 
and shall be kept as a separate fund to the credit of the local board of drawn 
managers of such school, and shall be immediately available to be ex- pQ^^j^g^j, 
pended under the direction of such local board of managers, sub,iect to the purposes to 
approval of the state superintendent of public ijistructiou, to repair or re- be ex- 
place, wholly or partially, the real or personal property so damaged or ^^^ ^ 
destroyed. 

Sec. 2 This act shall take effect immediately. 



Indians— Appointments to Normal Schools 

CHAP. 89 

AN ACT to provide for the support and education of a limited 
number of Indian youth, of the state of New York, at the state 
normal school 

Passed March 23, 1850. 

Section 1 The treasurer shall pay, on the warrant of the comptroller, to Appropria- 
the order of the state superintendent of common schools, from the general uon 
fund, a sum not exceeding one thousand dollars per year, for the support 
and education of ten Indian youth in the state normal school, which 
moneys are hereby appropriated for the purpose of this act. 

Sec. 2 The selection of such youth shall be made by the state superin- selection 
tendent of common schools, from the several Indian tribes located within of pupus 
this state; and in making such selection due regard shall be had to a just 
participation in the privileges of this act by each of the said several tribes, 
and, if practicable, reference shall also be had to the population of each of 
said tribes in determining such selection. 

Sec. •'! Such youth shall not be under sixteen years of age, nor shall any Age of 
of such youth be supported or educated at said normal school for a period p»piis 
exceeding three years. 

Sec. 4 The executive committee of the state normal school shall be the Tjjgj^ 
guardians of such Indian youth, during the period of their connection with guardians, 
the school; and shall pay their necessai-y expenses, not to exceed one penses' 
10 



146 



Appendix 



hundred dollars per year for each pupil, to be defrayed out of the money 

appropriated by the first section of this act. 
To enjoy all Sec. 5 The Indian pupils selected in pursuance of this act, and attend- 
privihges jjjg said normal school, shall enjoy the same privileges, of every kind, as 

the other pupils attending said school, including the paymeat of traveling 

expenses, not exceeding ten dollars to each pupil. 



Tuition 
money, 
how to be 
expended 



Tuition Money in Normal Schools— How to be Used 

*CHAP. 492 

Tuition money may be expended for current expenses, etc. The local 
boards of the several state normal schools are hereby authorized to ex- 
pend, under the direction of the superintendent of public instruction, the 
moneys now on hand received for tuition in any of the departments of the 
respective schools, and the moneys hereafter to be received for such tui- 
tion, for apparatus, repairs, insurance, furniture or other improvements 
upon the grounds or buildings, or for the ordinary expenses of the respec- 
tive schools. 



Normal Schools— Local Boards of, to Accept Money or Prop- 
erty for Benefit of Such School 

CHAP 165 

AN ACT to authorize tlie local board of any state normial and 

training school of this state to accept money or other property, 

for the benefit of such school 

Passed Mai-ch 30, 1896. 

Section 1 By and with the sanction and consent of the superintendent 
of public insti'uction of this state, it shall be lawful for the local board of 
managers of any state normal and training school of this state, to accept, 
for the state, the gift, grant, devise or bequest of money or other property, 
and to apply the same to any purpose, not inconsistent with the general 
purposes of such school, which shall be prescribed in the instrument 
by which such gift, grant, devise or bequest shall be made. 

See. 2 This act shall take effect immediately. 

'From the suppljr bill, l^ws of 1870, 



APPEALS-RULES OF PRACTICE 



STATE OF NEW YORK 

Department op Public Instruction 
Albany, N. Y., Jnhj 22, 1901 

Pnri3uant to the authority conferred by section 2, title 14, chapter 556, 
laws of 1894, the state superintendent has established the following 
amended rules to regulate the practice in appeals: 

1 An appeal must be in writing, addressed " To the Superintendent of 
Public Instruction," stating the grounds upon which it is talien, and signed 
by the appellant or appellants. The appeal must be verified by the oath 
of the appellant or appellants. When the appeal is made by the trustees 
of a district, it must be signed by all the trustees, or a reason must be 
given for the omission of any, verified by the oath of the appellant, or of 
some person acquainted with such reason. 

2 A copy of the appeal, and of all the statements, maps and papers 
Intended to be presented in support of it, with the afiidavit in verification 
of the same, must be served on the officer or officers whose act or decision 
is complained of, or some of them; or if it be from the decision or pro- 
ceeding of a district meeting, upon the district clerli or one of the trustees, 
whose duty it is to cause information of such appeal to be given to the 
inhabitants who voted for the decision. 

3 Such service must be made by delivering a copy of the appeal to the 
party to be served personally, or, in case he can not be found in the com- 
missioner district in which he resides, after due diligence, by delivering 
and leaving the same at his residence, with some person of suitable age 
and discretion, between six o'clock in the morning and nine o'clock in the 
evening. 

4 Immediately after the service of such copy the original, together with 
an affidavit proving the service of a copy thereof and stating the time and 
manner of the service and the name and official character of the person 
upon whom such service was made, must be transmitted to the Depart- 
ment of Public Instruction at Albany. 

5 Such original appeal and all papers, etc., annexed thereto, with proof 
of service of copies, as required by rules 3 and 4, must be sent to the 
Department of Public Instruction within 30 days lafter the making of 
the decision or the performance of the act complained of or within that 
time after the knowledge of the cause of complaint came to the appellant, 
or some satisfactory excuse must be rendered in the appeal for the delay. 
If an answer is received to an appeal which has not been transmitted to 
the Department, such appeal will be dismissed. 

6 The party upon whom an appeal shall be served must, within 10 days 
from the time of such service, unless further time be given by the State 
Superintendent, on application, answer the same, either by concurring in 
a statement of facts with the appellant or by a separate answer, and of 
all affidavits, papers, maps, etc., in support thereof. Such statement and 
answer must be signed by all the trustees or other officers whose act, 
omission or decision is appealed from, or a good reason, on oath, must be 
given for the omission of the signature of any of them. Such answer must 
be verified by oath and a copy thereof and of all the statements, maps, 
papers, etc., intended to be presented in supp'ort thereof, served on the 
appellants or some one of them, in like manner as is provided in rule 3 
for the service of a copy of an appeal. 



148 Appendix 

7 Immediately after the service of a copy of such answer and the state- 
ments, papers, ete., presented in support thereof, the original answer and 
papers, etc., together with an affidavit of the service of such copy and 
stating the time and manner of the service and the name and official 
character of the person upon whom such service was made, as herein- 
before provided for the service of a copy of an appeal, must be trans- 
mitted to the Departmenit of Public Instruction, at Albany. 

8 No reply, replication or rejoinder shall be allowed, except by permis- 
sion of the State Superintendent of Public Instruction; in which case, such 
reply, replication and rejoinder must be duly verified by oath, and copies 
thereof served on the opposite party. Immediately after the service of 
such copy, the original, together with an affidavit of such service, and 
stating the time and manner of the service and the name and official 
character of the person upon whom such service was made, must be trans- 
mitted to tlie Department of Public Instruction, at Albany. 

9 So far as the parties concur in a statement, no oath will be required 
to it. But all facts, maps or papers, not agreed upon by them and evi- 
denced by their signature on both sides, must be verified by oath. 

10 When any proceeding of a district meeting is appealed froim, and 
when the inhabitants of a district generally are interested in the matter 
of the apneal. and in all cases Avhere an inhabitant might be an appellant 
had the decision or proceeding been the opposite of that which was made 
or had. any one or more of such inhabitants may answer the appeal, with 
or without the trustees. 

11 When the appeal has relation to the alteration or formation of a 
school district; it must be accompanied by a map, exhibiting the site of the 
schoolhouse, the roads, the old and new lines of districts, the different lots, 
the particular location and distance from the sehoolhouses of the persons 
aggrieved, and their relative distance, if there are two or moi'e school- 
houses in question; also, a list of all the taxable inhabitants in the dis- 
trict or territory to be affected by the question, showing in separate col- 
umns the valuation of their property, taken from the last assessment-roll, 
and the number of children between 5 and 21 belonging to each person, 
distinguishing the districts to which they respectively belong. 

12 An appeal, of itself, does not staj^ proceedings. If the party desires 
such stay he should apply for it by petition, stating the facts why such 
stay should be made, duly verified. The Superintendent will grant a stay, 
or not, as in his judgment it may be proper, or may subserve the interests 
of either party or the public; and may direct a copy of the petition to be 
served on the opposite party, and a hearing of both sides before deciding 
upon the application. 

13 The affidavit of verification, required by these rules to an appeal, 
:answer. reply, replication and rejoinder, must be to the effect that the 
same is true to the knowledge of the affiant, except as to the matters 
therein stated to be alleged on information and belief, and that as to those 
matters he believes it to be true. 

14 All oaths required by these rules may be taken before any person 
authorized to take affidavits. 

15 All appeals and other papers therein must be fairly and legibly 
-written; and if not so written, may, in the discretion of the Superintendent, 
be returned to the parties. 

16 Wh^n any party, appellant or respondent, is not represented on the 
appeal by any attorney, the name of such party, with the names of the 
district, town and county and his post-office address must be indorsed upon 
each ]>aper of the party so represented, filed in the Department on such 
appeal; and when represented by an attorney, the name of such attorney, 
with name of the district, town and county affected and his post-office 
address, must be so indorsed upon each papfer of the party so represented, 
tiled in tlie Department on such appeal. 

17 Submission of appeals may be made upon the papers filed therein, 
with or without oral argument, or the filing of briefs, as the Superintend- 
ent, upon application, may determine. 

! 18 The decision of the Superintendent in every ease will contain the 

/ order, or directions, necessary and proper for giving effect to his decisions. 



Appendix 149 

19 A decision npon an appeal will be forwarded by the Superintendent 
to the clerk of the school district in which the appeal arose, or the town 
clerk of the town, when the appeal relates to the alteration of a district 
in which the order appealed from is filed, whose duty it will be to file the 
same in his oflice as a public record. 



PRACTICE ON APPLICATION FOR REMOVAL OF SCHOOL 

OFFICERS 

Under Section 13 of Title i of Consolidated School Law of 1894 

For willful violation or neglect of duty 

The proceedings are generally termed appeals asking for the removal of 
the officer against whom the charges are made. 

The applicant should prep^ire a petition addressed, '■' TO' the Superin- 
tendent of Public Instruction," in which, after distinctly stating the 
charge, should proceed with a specification of the facts by which it is 
established, Avhicli must be set forth with such certainty as to time, 
place, etc., as to furnish the officer with precise information as to what 
he is expected to meet, and enable him to look for repelling testimony. 
The charges must not only be distinctly alleged, but they must be spe- 
cifically proved. After being verified, a copy of the petition, and of all 
the affidavits in support thereof, including the affidavits of verification 
thereto, must be served upon the officer whose removal is sought, to- 
gether with a notice of the application, which may be substantially in 
the following words: 

Sir: Take notice that the petition and affidavits, with copies of which 
you are herewith seeded, will be presented to the Siiperlateiideut of Public 
Instruction at Albany, and application thereupon made for your removal 
from the office of of district No. of in 

county; and that you are required to transmit your ansAver to such appli- 
cation, duly verified, to the Dep'artment of Public Instruction within 10 
days after the service hereof or the charges contained in such affidavits 
will be deemed to be admitted by you. 

A B." 

Post-office address 

A copy of this notice, together with an affidavit proving the service 
thereof, and of the petition and affidavits therein referred to, and the 
date and manner of such service must be transmitted, with the original 
petition and affidavits, to the Department of Public Instruction. The 
officer can not be prejudiced by anj^ statement which he has not been 
called upon to answer. The officer must transmit his sworn answer, 
together Avith the affidaAnts of other persons, if he deems them necessary, 
Avith proof of service of copies thereof upon the petitioner, to the Depart- 
ment within 10 days. If, for any reason, as tlie absence of material 
witnesses, he is unable to complete his defense in that time, he should, 
before its expiration, transmit his oaa-u answer, duly A^erified, with a 
statement, under oath, of the facts which render it necessary, that the 
time to procure further evidence sliould be extended, and stating the 
earliest day at which he expects to be able to obtain such evidence. If 
a proliable defense appears from his ansAA-er, and the application for 
further time is reasonable, an order will be made gi'anting it. 

If no answer is made by the officer to the petition, etc., the allegations 
contained in said petition, etc.. will be considered admitted as true, and 
If, as such, a case is established against the officer, the Superintendent 
will at once remove him. If an answer is interposed the question will 
be decided by the Superintendent after an examination of the facts as 
presented by the papers upon both sides. 



150 Appendix 

For willfully disobeying any decision, order or regulation of the^ 
Superintendent of Public Instruction. 

The practice and procedure in cases of the willful disobedience of any 
order, decision or regulation of the Superintendent should be like that 
above stated o'^ willful violation or neglect of dutj% excepting that upon 
the filing of the petition, etc., with proof of service of a copy thereof upon 
the officer, in the Department, or upon his own motion, the Superintendent 
will issue an order directing the otficer to show cause before him on or 
before a certain day fixed in the order, why he should not be removed 
from office. If no answer is made to said order the allegations contained 
in the moving papers will be deemed to be admitted as true, and if. as 
such, a case is established against the officer, the Superintendent will at 
once remove him. If an answer is interposed, the question will be de- 
cided by the Supeiintendent after an examination of the facts as pre- 
sented by both sides. 

Note, In the papers filed in the Department, upon an appeal, the Super- 
intendent wants facts, not arguments or inferences, much less injurious 
imputations on the motives of parties. 

The facts should be distinctly averred, so that an indictment for per- 
jury would lie if they are willfully misstated. Therefore they should 
not be stated by way of recital under a " whereas," or in any similar 
indirect way. Every material fact should be stated with all practicable 
particularity as to time, quantities, numbers, etc. Where a statement is 
ambiguous or doubtful in meaning, that construction is adopted which is 
most unfavorable to the party making it. 

The appellant must establish his appeal by a preponderance of proof, 
and should make out his own case, so that if no answer is put in, the 
Superintendent will have, in the appeal itself, all the facts to inform him 
what order ought to be made. No decision can be based upon any facts 
except those which are stated in the papers in the appeal, and which the 
opposite party has had the opportunity to controvert, although such facts 
may have been brought to the knowledge of the Superintendent in some 
other way. The record itself must contain enough to support the de- 
cision. 

In the bringing and answering of appeals it is recommended that the 
matters be written upon paper ruled as paper is ruled for legal pleadings. 
Such paper is kept by all stationers and booksellers, and is known as 
law paper or legal cap. The several sheets should be written as lawyers 
write their papers, on both sides, so that the bottom of the first page 
is the top of the second, and the sheets are fastened or attached at the 
ends and not at the sides. Manuscript arranged in this fashion is more 
easily handled, folded and filed. The papers should be smoothly folded 
and indorsed with the title of the case, briefly stating the substance of 
the appeal or answer, with the names of the parties or attorneys, and 
their post-office address and the disti-ict, town and county affected. 

CHARLES R. SKINNER 
Btute Superintendent of FuMic Instruction 



SPECIAL ACTS 



CHAP. 222, LAWS OF 1895 

AN ACT to provide for the purchase and display of United 
States flags in connection with the public schools of the state 

Became a law April 3, 1895, with the approval of the Governor. Passed, 
ttiree-fifths being present. 

Tlie People of the State of New York, represented in Senate and 
Assembly, do enact as follows: 

Section 1 The school authorities of every public school in the several 
cities and school districts of this state shall purchase a United States 
flag, flagstaff and the necessary appliances therefor, and shall display 
such flag upon or near the public school building during school hours, 
and at such other times as the school authorities may direct. The neces- 
sary funds to defray the expense incurred by this act shall be assessed 
and collected in the same manner as moneys for public school purposes 
are now raised by law. 

Sec. 2 This act shall take effect immediately. 



CHAP. 481, LAWS OF 1898 

AN ACT to provide for the display of the United States flag 
on the school-houses of the state, in connection with the public 
schools; and to encourage patriotic exercises in such schools 

Became a law April 25, 1898, with the approval of the Governor. Passed, 
three-fifths being present. 

The People of the State of Neio York, represented in Senate and 
Assembly, do enact as follows: 

Section 1 It. shall be the duty of the school authorities of every public 
school in the several cities and school districts of the state to purchase a 
United States flag, flagstaff and the necessary appliances therefor, and to 
display such flag upon or near the public school building during school 
hours, and at such other times as such school authorities may direct. 

Sec. 2 The said school authorities shall establish rules and regulations 
for the proper custody, care and display of the flag, and when the weather 
will not permit it to be otherwise displayed, it shall be placed conspicu- 
ously in the principal room in the school-house. 

Sec. 3 It shall be the duty of the state superintendent of public in- 
struction to prepare, for the use of the public schools of the state, a 
program providing for a salute to the flag at the opening of each day 
of school and such other patriotic exercises as may be deemed by him 
to be expedient, under such regulations and instructions as may best meet 
the varied requirements of the different grades in such schools. It shall 
also be his duty to make special provision for the observance in such 
puTjlic schools of Lincoln's birthday, Washington's birthday, Memorial 
day and Flag day, and such other legal holidays of like character as 
may be hereafter designated by law. 



152 Appendix 

Sec. 4 The state superintendent of public instruction is hereby author- 
ized to provide for the necessary expenses incurred in developing and! 
encouraging- such patriotic exercises in the public school. 

Sec. 5 Nothing herein contained shall be construed to authorize mili- 
tary instruction or drill in the public schools during school hours. 

Sec. 6 This act shall talie effect immediately. 



CHAP. 232, LAWS OF 1895 

AN ACT in relation to gospel funds and school lots in the- 
several towns and counties of the state 

Became a law April 4, 1895, with the approval of the Governor. Passed,. 
three-fifths being present. 

Tlie People of the State of New York, represented in Senate amd 
Assembly, do enact as follows: 

Section 1 It shall be lawful for the supervisor of any town having 
money arising from the sale of gospel lands, and known as gospel funds, 
to apportion such among the several school districts of his respective town 
as hereinafter provided. 

Sec. 2 Any town having a gospel fund of five hundred dollars or less 
may apportion such fund with the consent and approval of a majority 
of the town board of such town. 

Sec. 3 Any toAvn having a gospel fund of more than five hundred 
dollars may apportion such fund in like manner by a vote at anj^ annual 
or special town meeting. 

Sec. 4 Where such apportionment is made, the supervisor shall pay to 
the trustees of the several school districts of his town its pro rata share 
according to the aggregate school attendance of each school district in 
the preceding year. 

Sec. 5 The trustees of such school districts shall execute and file with 
the supervisor of such town a bond of twice the amount of such appor- 
tionment, Avith sutflcient sureties, to be approved by such supervisor. 

Sec. 6 Such trustees, upon the receipt of such money, shall apply the 
same for such purpose as the school district in annual or special meeting, 
shall decide. 

Sec. 7 This act shall take effect immediately. 



CHAP. 362, LAWS OF 1895 

AN ACT to provide that additional facilities for free instruction 
in natural history, geograph}^ and kindred subjects, by means 
of pictorial representation and lectures, may be furnished to 
the free common schools of each city and village of the state 
that has, or may have, a superintendent of free common 
schools 

Became a law April 19, 1895, with the approval of the Governor. Passed,, 
three-fifths being present. 

The People of the State of New York, represented in Senate and 
Assernhly, do enact as follows: 

Section 1 The state superintendent of public instruction is hereby 
authorized to furnish additional facilities for instruction in natural 
history, geography and kindred subjects, by means of pictorial represeuta- 



Appendix 15^ 

tion and lectures, to the free common schools of each city and village of 
the state that has or may have a superintendent of free common schools. 
The local school authorities may. in their discretion, cause the aforesaid 
illustrated lectiu'es to be repeated to their artisans, mechanics and other 
citizens on the legal holidays and at other times. Any institution in- 
structing a teachers' training class, or any union free school may have- 
the free use of the apparatus provided by this act upon the payment to 
the superintendent of schools loaning the same of necessary expenses 
incurred in such use or for any less or injury to said property. Said 
superintendent may. from time to time, establish the rules and reg-ulations 
and make and enter into the contracts necessary for carrying out the 
provisions of this act. 

Sec. 2 The aunnal report of each school superintendent to the depart- 
ment of public instruction shall contain a full statement of the extent 
to which the instructions described may be given and his judgment of 
the usefulness of the same. 

Sec. 3 The sum of t-\venty-five thousand dollars is hereby appropri- 
ated, from any moneys not otherwise appropriated, for the preparation 
for and the support and maintenance of said instruction for the year 
beginning on the first day of .January, eighteen hundred and ninety-five, 
payable by the treasurer upon the v^-arrant of the comptroller, upon 
vouchers approved by the superintendent of public instruction and auditerf' 
by the comptroller, and the sum of twenty-five thousand dollars shall be 
appropriated annually thereafter, in the general appropriation bill, for 
the preparation for and the support and maintenance of said instruction 
for the term of four years from the first day of January, eighteen hundred, 
and ninety-five. 

Sec. 4 This act shall take efCect immediately. 



CHAP. 550, LAWS OF 1895 

AN ACT in relation to a biennial school census 

Became a law May 7, 1895. with the approval of the Governor. Passed^. 
three-fifths being present. 

The People of the State of yew York, represented in Senate and 
Assemhly, do enact as folloics: 

Section 1 It shall be the duty of the state superintendent of public in- 
struction, to take or cause to be taken, in the next ensuing October after 
the enactment of this law, and thereafter in every second year in the 
month of October, a school census, in all towns and cities of the state 
having a population of ten thousand or upwards: which shall ascertain 
the folloAving facts, and he shall embody a summary of the same in his 
annual report, for the year in which said census is taken, viz., the name.s 
and ages of all persons between the ages of four and sixteen; the number 
of persons in each town or city coming within the application of this law;, 
between the ages of twelve and twenty-one years, that are unable to read 
or write; the number of persons over four and under sixteen years of age 
who do not attend school because they are obliged to work Avithin school 
hours: the number of persons between four and sixteen years who are 
attending other than public schools: and such other facts as in his judg- 
ment may be of importance in securing the information needed to carry 
out the requirements of article nine, section one of the state constitution^ 
or for the improvement of the common school system. 

Sec. 2 In taking this school census, the superintendent of public in- 
struction is authorized to determine the work to be done by all the com- 
mon school authorities and employes under his snperintendency. and it 
shall be the duty of all such authorities and public officers having any civil 
authority in counection with the common school administration of the 



164 Appendix 

state or of said city or town, to aid said superintendent in all proper ways 
in the discharge of his duties under this act. 

Sec. 3 Whoever, being any parent or person having under his or her 
control, or in his or her charge, a child between the ages of four and 
sixteen years, refuses or withholds information in his or hei' possession, 
sought by said superintendent or his representative for the purpose of a 
school census, or falsifies in regard to the same, shall be liable fo and 
punished by fine not exceeding twenty dollars, or by imprisonment not 
exceeding thirty days. 

Sec. 4 The money required for the purpose of carrying this act into effect 
shall be paid by the towns and cities respectively included in the provis- 
ions of the act, and shall be paid for the service rendered in taking the 
school census, on the certificate of the state superintendent that such 
census has been satisfactorily taken. 

Sec. 5 This act shall take effect immediately. 



CHAP. 767, LAWS OF 1895 

AN ACT to provide additional compensation for teachers of 
common schools in any town of the state who have taught 
therein continuously twenty-five years or more 

The People of the State of New York, represented in Senate and 
AssemUy, do enact as follows: 

Section 1 Upon the petition of twenty-five or more taxpayers of any 
town in the county of the state requesting the submission at the next 
ensuing annual town meeting of such town made not less than ten days 
before the accruing thereof, of the question of making provision by tax- 
ation upon the taxable property in such town for a sum of money suffiicient 
to pay such teachers resident of such town, who have been employed in 
the common schools thereof for not less than twenty-five years, and have 
rendered continuous service in teaching for such period, with such inter- 
mission only as may have occurred in the allotment of school terms or 
from sickness, the town board of such town shall cause to be submitted 
to the taxpayers of such town, at the next ensuing town meeting upon 
due notice thereof published in a newspaper printed in such town, if any 
paper be published therein, or printed or written notices posted in not less 
than ten public places in such town, the question whether a sufficient sum 
•of money be raised from the taxable property within such town to pay 
said teachers as compensation for long and meritorious service so long 
as said teachers reside in such town, upon the conditions, at the times and 
in the manner hereinafter provided. 

Sec. 2 In the event of such petition being so made and presented to the 
supervisor of any town, and notice being given as provided in section one 
of this act, the town board shall furnish the necessary ballots in number 
and forms for the use of the voters of such town at the next ensuing 
annual town meeting, and shall provide separate ballot-boxes for the recep- 
tion of ballots cast thereat on the question submitted. One-half of the 
number of said ballots shall have printed thereon, respectively, " for teach- 
ers' pension fund," and the other half shall have printed thereon, respec- 
tively. " against teachers' pension fund." and such votes as may be cai^t 
shall be counted and returned by the officers presiding at said town meet- 
ing the same as other votes are counted and returned. If a majority of 
the votes so cast be found to be in favor of raising a sum of money suffi- 
cient to provide for such fund, and not otherwise, the town board of such 
town shall immediately thereafter proceed to ascertain what teachers of 
such class are entitled to the benefits conferred by this act and to receive 
their proportionate share of the money so voted to be paid, and said board 
shall require of every person applying therefor, who has taught in the 



Appendix 155 

common schools of such town for the period of twenty-five years or more, 
to malce concise statement of the term of service, the districts in which 
he or she has tauglit and the wages, monthly or weekly, received during 
the last year in which said teacher taught, which statement shall be ac- 
knowledged before any officer qualified to take acknowledgments, and filed 
in the ofiice of the clerk of such town. Thereupon, and at the next annual 
meeting of the board of supervisors of the county, and at every annual 
meeting thereafter, the said board shall include in the tax levy of the 
town so voting as hereinbefore provided in favor of a teachers' pension 
fund, the amount necessary in each year as estimated and reported by the 
town board of such town, which sum, when collected, shall be paid over 
by the collector of such town, to the supervisor thereof, who shall pay out 
the said money to the teachers found to be entitled thereto in amount 
to each such teacher, in monthly payments equal to one-half the sum 
received as teachers' monthly or weekly wages by each such teacher 
during the last year such teacher was employed to teach in the common 
schools of such town. And such teachers sharing in the money so appro- 
pi-iated and paid shall be allowed such amount in installments herein 
provided as long as they continue to reside in such town, but no longer, 
and they shall, in receiving the benefits conferred by this act be deemed 
to be retired from teaching and placed upon a roll kept by the town clerk 
of the town as superannuated and retired teachers. 

Sec. 3 When a vote has been had on the proposition provided to be so 
submitted by this act in any town, and such vote shall have been against 
the teachers' pension fund, another vote on the same question shall not 
be taken again within three years of the first vote so taken; * [subject, 
however, if not physically disabled, to perform such service in the place 
of any teacher temporarily absent or disqualified, as the school commis- 
sioner may require and direct without additional compensation]. 

Sec. 4 This act shall take efEect immediately. 



CHAP. 768,. LAWS OF 1895 

AN ACT authorizing the State Superintendent of Public Instruc- 
tion to appoint his chief clerk as second deputy 

Tlie People of tlie State of New York, represented in Senate a/nd 
Assemhlp, do enact as follotcs: 

Section 1 The state superintendent of public instruction is hereby 
authorized to appoint his chief clerk as second deputy superintendent of 
public instruction, who shall have power to perform the duties of the 
deputy superintendent of public instruction; and such second deputy shall 
not receive any extra salary by reason of such appointment. 

Sec. 2 This act shall take effect immediately. 



CHAP. 573, LAWS OP 1892 

AN ACT for the encouragement of common schools and public 

libraries 

Appkoved May 14, 1892. 

Sections 1 to 8, inclusive, of the above-entitled chapter are contained 
in and constitute title 13 of the consolidated school law of 1894, chapter 
556 of the laws of 1894, relating to " common schools and public libra- 
ries." _^ 

*Thls bracketed clause should come at the close of section 2. The mistake of the engrossing 
flepartment was not discovered till the law was signed. 



1-66 Appendix 

*Sec. 9 The sum of fifty-five thousiincl dollars divected to be diitributed 
to tbe several cities and scbool- districts of the State by section four of 
chapter tAvo hundred and thirty-seveu of tbe laws of eighteen hundred 
and thirty-eight, shall continue to be appropriated and shall be known as 
school library moneys and shall be applied to the purchase of books for 
the formation or extension of common school libraries, and for the neces- 
sary expenses of the state school library for the benefit and free use 
of the teachers of the state, to be circulated under such rules and 
regulations as the state superintendent of public instruction may estab- 
lish. All payments for said state school librarj^ shall be made by the 
treasurer upon the Avarrant of the comptroller, upon bills approved by 
the state superintendent of public instruction. 

Sec. 10 For the fiscal year beginning October first, eighteen hundred 
and ninety-two, but not thereafter, out of said fifty-five thoasand dollars, 
school library money, there shall be paid twenty-five thousand dollars 
for public library money, and said tAventy-five tiiousand dollars shall be 
paid by the treasurer, on the Avarrant of the comptroller, according to 
-an apportionment to be made for the benefit of free libraries by the 
.regents in accordance AAath their rules and authenticated by the university 
seal; provided that none of this money shall be spent for books except 
those approved or selected and furnished hj the regents; that no locality 
shall share in the apportionment unless it shall raise for the same pur- 
pose not less than an equal amount from taxation or other local sources; 
that for any part of the apportionment not paj^able directly to the library 
trustees the regents shall file AAith the comptroller proper vouchers shOAv- 
ing that it has been spent in accordance AAith law exclusiA'ely for books 
tor free public libraries or for proper expenses incurred for their benefit; 
and the books paid for by the state shall be subject to return to the 
regents Avhenever the library shall neglect or refuse to conform to the 
ordinances under AA'hich it secured th(jm. 

Sec. 11 Kepeals, Section four, chapter two hundred and thirty-seA'en 
of the laws of eighteen hundred and thirty-eight is hereby repealed, and 
sections one to nine of this act are hereby substituted for title eight, of 
chapter five hundred and fifty-five of the laAA's of eighteen hundred and 
sixty-four, Avhich said title eight is hereby repealed; and all other acts 
repugnant to or inconsistent with the provisions of this act are, so far 
^s they are so inconsistent, hereby repealed. 

Sec. 12 This act shall take effect immediately. 



CHAP. 1031, LAWS OF 1895 

IA.N ACT to encourage and to promote the professional training 

of teachers 

tSection 1 The board of education or the public school authorities of 
any city or of any village employing a superintendent of schools, may 
establish, maintain, direct and control one or more schools or classes for 
the professional instruction and training of teachers in the principles of 
education and in the method of instruction for not less than thirty-eight 
'weeks in each school year. 

iSec. 2 ToAA-ard the maintenance and support of these school and 
■classes established pursuant to this act, or heretofore established and 
maintained for similar purposes, and AA'hose requirements for admission 
and whose course of studies are made Avith the approval of the state 
superintendent of public instruction, and under whose direction such 
classes shall be conducted, the said superintendent is hereby authorized 
and directed in each year to set apart, to apportion, and to pay from the 
free school fund one dollar for each week of instruction of each pupil, 

* AS amended by section 1, chapter 546, laws of 1895. 
T As amended by chapter 495. laws of 1897. 
i As amended by chapter 646, laws of 1896. 



AppeiSdix 157 

:and the sum of forty thousand doUars is hereby appropriated to carry out 
the provisions of this act until the close of the school year of eighteen 
hundred and ninety-seven. Such apportionment and payment shall be 
made upon the report of the local superintendent of schools, filed vs'itb 
the state superintendent of public instruction, who shall draw his war- 
rant upon the state treasurer for the amount apportioned. 

Sec. 3 If the total sum to be apportioned and to be paid, as provided 
by section two of this act, shall in any one year exceed the said sum 
of one hundred thousand dollars, the said state superintendent of public 
instruction shall apportion to each school and class its pro rata of said 
sum upon the basis described in section two of this act. 

Sec. -i After January first, eighteen hundred and ninety-seven, no per- 
son shall be employed or licensed to teach in the primary and grammar 
schools of any city authorized by law to employ a superintendent of 
schools, who has not had successful experience in teaching for at least 
three years, or, in lieu thereof, has not completed a three years' course 
in, and graduated from a high school or academy having a course of 
study of not less than three years, approved by the state superintendent 
of public instruction, or from some institution of learning of equal or 
higher rank, approved by the same authority, and who, subsequently to 
such graduation, has not graduated from a school or class for the pro- 
fessional training of teachers, having a course of study of not less than 
thirty-eight weeks, approved by the state superintendent of public instruc- 
tion. Nothing in this act shall be construed to restrict any board of 
education of any city from requiring such additional qualifications of 
teachers as said board may determine; nor shatl the provisions of this 
net preclude the board of education of any city or village from accepting 
the diploma of any state normal and training school of the state of New 
York, or a state certificate obtained on examination, as an equivalent for 
the preparation in scholarship and professional training herein required. 

Sec. 5 All acts and parts of acts inconsistent with this act are hereby 
repealed. 

Sec. 6 This act shall take effect immediately. 



CHAP. 183, LAWS OP 1900 

A^N" ACT to proYide for the compulsory education of Indian chil- 
dren on the Allegany and Cattaraugus reservations 

Became a law, March 22. 1900, with the approval of the Governor. Passed, 
three-fifths being iDresent. 

The People of the State of New York, represented in Senate and 
Assemhli/, do enact as follows: 

Section 1 Short title. This chapter shall be known as the compulsory 
■education law for the Allegany and Cattaraugus Indian reservations. 

Sec. 2 Defi.nitions. The term persons, in parental relations to an In- 
dian child, includes the parents, guardians or other persons, whether one 
or more, lawfully having the care, custody or control of such child. An 
Indian child under sixteen years of age required by the persons in parental 
relations to such child, to attend upon lawful instruction at a school or 
elsewhere upon which such child is entitled to attend, is lawfully re- 
quired to attend such school. Au Indian child between six and sixteen 
years of age, Avho is required by law to attend upon instruction, and is 
required by the persons in parental relations to such child, to attend 
upon laAvful instruction at a school or elsewhere, upon which such child 
is entitled to attend, is lawfully required to attend upon such instruction, 
^nd if not required by the pei'sous in parental relation to such child to 
attend upon any instruction, is lawfully required to attend a school on 
•the reservation, upon which such child shall reside. 



158 Appendix 

Sec. 3 Required attendance upon instruction. Every Indian child be- 
tween six and sixteen years of age, in proper ptiysical and mental condi- 
tion to attend school, shall regularly attend upon instruction at a school 
in which at least the common school branches of reading, spelling, writ- 
ing, arithmetic, English grammar and geography are taught, or upon 
equivalent instruction by a competent teacher elsewhere than at such 
school, as follows: Every Indian child between fourteen and sixteen 
years of age not regularly and lawfully engaged in any useful employ- 
ment or service, and every such child between six and fourteen years of 
age, shall so attend upon instruction as many days annually during the 
period between the first days of September and the following July as a 
public school of the community or district of the reservation, in which 
such child resides, shall be in session during the same period. If any 
such child shall so attend upon instruction elsewhere than at the public 
school, such instruction shall be at least equivalent to the instruction given 
to Indian children of like age at a school of the community or district 
in which such child resides; and such attendance shall be for at least 
as many hours of each day thereof, as are required of children of like 
age at public schools and no greater total amount of holidays and vaca- 
tions shall be deducted from such attendance during the period such at- 
tendance is required than is allowed in such public schools for children 
of like age. Occasional absences from such attendance, not amounting 
to irregular attendance in the fair meaning of the term, shall be allowed 
upon such excuses only as would be allowed in like cases by the general 
rules and practices of such public schools. 

Sec. 4 Duties of persons in parental relation to Indian Children. 
Any person in parental relation to an Indian child between six and six- 
teen years of age in proper physical and mental condition to attend school, 
shall cause such child to so attend upon instruction, or shall present to 
the superintendent of Indian schools of the Allegany and Cattaraugus 
reservations proof by affidavit that he is unable to compel such child to 
so attend. A violation of this section shall be a misdemeanor, punish- 
able for the first offense by a fine not exceeding five dollars or by im- 
prisonment not exceeding ten days, and for each subsequent offense, by 
a fine not exceeding twenty-five dollars, or by imprisonment not exceed- 
ing thirty days, or by both such fine and imprisonment. Courts of special 
sessions shall, subject to removal, as provided in sections fifty-seven and 
fifty-eight of the code of criminal procedure, have exclusive jurisdiction 
In the first instance to hear, try and determine charges of violations of 
this section within their respective jurisdictions. 

Sec. 5 Persons employing' Indian children unlawfully to be fiined.^ 
It shall be unlawful for any person, firm, association or corporation to 
employ any Indian child residing on the Cattaraugus or Allegany reserva- 
tions between six and fouiteen years of age, in any business or service 
whatever, during any part of the term during which the school in the 
community or district in which such child resides is in session, or to 
employ any Indian child residing on either of said reservations between 
fourteen and sixteen years of age, who does not, at the time of such em- 
ployment present a consent in writing signed by the superintendent of 
the Indian schools on said reservations to the effect that such child may 
be employed, and specifying the nature of the service and the duration 
of such service or employment; and any person, firm, association or cor- 
poration who shall employ any Indian child contrary to the provisions of 
this section shall for each offense forfeit and pay to the superintendent of 
Indian schools of the Allegany and Cattaraugus reservations a penalty of 
twenty-five dollars, the same, when paid, to be used for the support and 
maintenance of the schools on said reservations. 

Sec. 6 Teachers record of attendance. An accurate record attend- 
ance of all Indian children between six and sixteen years of age shall 
be kept by the teacher of every Indian school, showing each day, by the 
year, month, day of the month and day of the week, such attendance, 
and the number of hours in each day thereof; and each teacher upon 
whose instruction such Indian child shall attend elsewhere than at the 



Appendix 5^59 

school in the community or district of the reservation where he resides, 
shall keep a like record of such attendance. Such record shall at all 
times be open to the superintendent of Indian schools on said reserva- 
tions and to such persons, as he may designate as attendance officers, 
who may inspect or copy the same, and any such teacher shall answer 
all inquiries lawfully made by such superintendent or attendance officer 
or other persons; and a willful neglect or refusal to keep such a record 
or answer any such inquiry shall be a misdemeanor. 

Sec. 7 Attendance oflBLcers. The superintendent of the Indian schools 
on the Allegany and Cattaraugus reservations shall supervise the enforce- 
ment of this act within said reservations, and he shall appoint and may 
remove at pleasure such number of attendance officers as the superintend- 
ent of public instruction shall deem necessai-y, whose jurisdiction shaU 
extend over all school districts on the reservation for which they shall 
be appointed, and he shall prescribe their duties, not inconsistent with 
this act and may make rules and regulations for the performance thereof. 
And said superintendent is also vested with the same power and authority 
as the attendance officers appointed by him. 

Sec. 8 Arrest of truants. Any attendance officer may arrest without 
warrant anywhere within the state, any Indian child between six and six- 
teen years of age, found away from his home, and who is then a truant 
from instruction upon which he is lawfully required to attend within the 
district or districts of which such attendance officer has jurisdiction. He 
shall forthwith deliver a child so arrested either to the person in parental 
relation to the child, or to the teacher of the school from which said child 
is then a truant, or in case of habitual or incorrigible truants, shall bring 
them before a magistrate for commitment to a truant school, as provided 
iu the next section. 

Sec. 9 Superintendent to contract for keeping of truants. The super- 
intendent of Indian schools on the Allegany and Cattaraugus reservations 
may contract with any city or district having a truant school, for the 
confinement, maintenance and instruction therein of any child who shall 
be committed to such school as a truant by any magistrate before whom 
such child shall have been examined upon the charge of truancy. The 
costs and expenses attending the support and maintenance of any truant, 
as herein provided shall be audited by the department of public instruc- 
tion and paid in the same manner as the expenses of supporting and main- 
taining the schools on said reservations are paid. 

Sec. 10 Enumeration. The superintendent of Indian school on said 
reservations, shall in the year nineteen hundred, and in each succeeding 
fifth year thereafter, make a complete enumeration of the Indian in- 
habitants on each of said reservations; such enumeration shaU be made 
between the first day of May, and the first day of August and shall be 
tabulated by said superintendent, and such tabulation shall show the 
name and age of each Indian person on said reservations, and shall show 
in what school district each of such persons reside. Such superintendent 
shall designate in such tabulation, the district in which each Indian child 
of school age shall be required to attend school. 

Sec. 11 Payment of services herein required. The superintendent of 
Indian schools on the Allegany and Cattaraugus reservations shall be 
entitled to receive the sum of three dollars per day, in addition to the 
salary now paid to such superintendent, for each day necessarily spent 
by him in enforcing the provisions of this act, and also for each day 
necessarily spent in making the enumeration of the reservations and 
tabulating the same, together with his necessary expenses while employed 
in enumerating and tabulating the same and in enforcing the provisions of 
this act. Each of the attendance officers herein provided for shall re- 
ceive such sum per day as shall be fixed by said superintendent of Indian 
schools for each day necessarily employed in enforcing this act, but the 
amount so expended for such attendance officers shall not exceed the 
sum of three hundred dollars in any one year; and each person employed 
by said superintendent to assist him in taking and tabulating the census 
of the residents of said reservations, shall be entitled to such compendia- 



160 AprENDix 

tion as he shall contract for with said superintendent of said schools, not 
exceeding two dollars per day together with necessary expenses. The 
entire expense in taking the enumeration herein provided for, shall not 
exceed the sum of two hundred dollars, and shall be presented to and 
audited by the superintendent of public instruction, and paid in the same 
manner as other accounts for the support and maintenance of the schools 
on said reservations are now paid. 

Sec. 12 This act shall take effect May first, nineteen hundred. 



CHAP. 492, LAWS OF 1900 

AN ACT to secure equal rights to oolored children in the state of 
New York, and to repeal section twenty-eight, article eleven, 
title fifteen, of chapter five hundred and fifty-six of the laws of 
eighteen hundred and ninety-four, entitled, " The consolidated 
school law " 

Became a law, April 18, 19O0, with the approval of the Governor, Passed, 
three-fifths being present. 

The People of the State of New York, represented in Senate and 
Assemhly, do enact as follows: 

Section 1 No person shall be refused admission into or be excluded 
from any public school in the state of New Xork on account of race or 
color. 

Sec. 2 Section twenty-eight, article eleven, title fifteen of chapter five 
hundred and fifty-six of the laws of eighteen hundred and ninety-four, 
which reads as follows: "The school authorities of any city or incor- 
porated village the schools of which are or shall be organized under title 
eight of this act, or under special act, may, when they shall deem it ex- 
pedient, establish a separate school or separate schools for instruction of 
children and youth of African descent, resident therein, and over five 
and under twenty-one years of age; and such school or schools shall be 
supported in the same manner and to the same extent as the school or 
schools supported therein for white children and they shall be subject to 
the same rules and regulations, and be furnished facilities for instruction 
equal to those furnished to the white schools therein," is hereby repealed. 

Sec. 3 This act shall take effect on the first day of September, nineteen 
hundred. 



CHAP. 188, LAWS OF 1901 

AN ACT to provide for the compulsory education of Indian 
children on the Onondaga reservation 

Became a law. March 25. 3901. with the approval of the Governor. Passed, 
three-fifths being present. 

The People of the State of New Yorlc, represented in Senate and 
Assemhly, do enact as follows: 

Section 1 Short title. Tliis chapter shall be known as the compulsory 
education law for the Onondaga Indian reservation. 

Sec. 2 *D€ficiencies. The term person, in parental relations to an In- 
dian cbild, includes the parents, guardians or other persons, whether one 

♦So In the original. 



Appe:ndix 161 

or more, lawfully having the care, custody or control of such child. An 
Indian child under sixteen years of age required by the persons in parental 
relations to such child to attend upon lawful instruction at a school or 
■elsewhere upon which such child is entitled to attend, is lawfully re- 
quired to attend such school. An Indian child betweep six and sixteen 
jears of age, who is required by law to attend upon instruction, and is 
required by the persons in parental relations to such child, to attend upon 
lawful instruction at a school or elsewhere, upon which such child is 
entitled to attend, is lawfully required to attend upon such instruction, 
and if not required by the persons in parental relation to such child to 
attend upon any instruction,- is lawfully required to attend a school on 
the resei'vation, upon which such child shall reside. 

Sec. 3 Required attendance upon instruction. Every Indian child be- 
tween six and sixteen years of age, in proper physical and mental condi- 
tion to attend school, shall regularly attend upon instruction at a school 
in which at least the common school branches of reading, spelling, writ- 
ing, arithmetic, English grammar and geography are taught, or upon 
3(iuivalent instruction by a competent teacher elsewhere than at such 
tscbool, as follows: Every Indian child between fourteen and sixteen years 
of age not regularly and lawfully engaged in any useful employment or 
•iervice, and every such child between six and fourteen years of age, shall 
■50 attend upon instruction as many days annually during the period be- 
tween the first days of September and the following July as a public 
school of the community or district of the reservation, in which such child 
resides, shall be in session during the same period. If any such child 
ohall so attend upon instruction elsewhere than at the public school, such 
instruction shall be at least equivalent to the instruction given to Indian 
children of like age at a school of the community or district in which 
such child shall reside; and such attendance shall be for at least as many 
hours of each day thereof, as aie required of children of like age at public 
schools and no greater total amount of holidays and vacations shall be 
deducted from such attendance during the period such attendance is re- 
quired than is allowed in such pi,blic schools for children of like age. 
Occasional absences from such attendance, not amounting to irregular 
attendance in the fair meaning of the teiui. snail be allowed upon such 
(>xcuses only as would be allowed in like cases by the general rules and 
pr:\ctices of such public school. 

Sec. 4 Duties of persons in parental relation to Indian Children. 
Any person in parental relation to an Indian child between six and six- 
leen years of age in proper physical and mental condition to attend school, 
iil^all cause such child to so attend upon instruction, or shall present to 
lhe superintendent of Indian schools of the Onondaga reservation proof 
by affidavit that he is unable to compel such child to so attend. A viola- 
iion of this section shall be a misdemeanor, punishable for the first offense 
by a fine not exceeding five dollars or by imprisonment not exceeding 
ten day^, and for each subsequent offense, by a fine not exceeding twenty- 
five dollars, or by Imprisonment not exceeding thirty days, or by both 
such fine and imprisonment. Courts of special sessions shall, subject to 
removal, as provided in sections fifty-seven and fifty-eight of the code of 
criminal procedure, have exclusive jurisdiction in the first instance to 
hear, try and determine charges of violations of this section within their 
res]>ective jurisdictions. 

Sec. 5 Persons employing Indian children unlawfully to be fined. 
It shall be unlawful for any person, firm, association or corporation to 
employ any Indian child residing on the Onondaga reservation between 
six and fourteen years of age, in any business or service whatever, dur- 
inc any part of the term during which the school in the community or 
district in which such child resides is in session: or to employ any Indian 
child residing on said reservation between fourteen and sixteen j^ears of 
ace. who does not. at the time of such employment present a consent 
in writing signed by the superintendent of the Indian schools on said 
reservation to the effect that sucn child may be employed, and specify- 
ing the nature of the service and the duration of such service or employ- 

11 



162 Appendix 

ment; and any person, firm, association or corporation who shall employ 
any Indian child contrary to the provisions of this section shall for each 
offense forfeit and pay to the superintendent of Indian schools of the- 
Onondaga reservation a penalty of twenty-five dollars, the same, when 
paid, to be used for the support and maintenance of the schools on said 
reservation. 

Sec. 6 Teachers' record of attendance. An accurate record attend- 
ance of all Indian children between six and sixteen years of age shall b& 
kept by the teacher of every Indian school, showing each day, by the 
year, montn, day of the month and day of the week, such attendance, and 
the number of hours in each day thereof; and each teacher upon whose 
instruction such Indian child shall attend elsewhere than at the school 
In the community or district of the reservation where he resides, shall 
keep a like record of such attendance. Such record shall at all times be 
open to the superintendent of the Indian schools on said reservation and' 
to such persons, as he may designate as attendance officers, who may 
Inspect or copy the same, and any teacher shall answer all inquiries law- 
fully made by such superintendent or attendance officer or other persons; 
and a willful neglect or refusal to keep such a record or answer any 
such inquiry shall be a misdemeanor. 

Sec. 7 Attendance offi-cers. The superintendent of the Indian schools 
on the Onondaga reservation shall supervise the enforcement of this act 
within said reservation, and he shall appoint and may remove at pleasure 
such number of attendance officers as the superintendent of public in- 
Btruction shall deem necessary, whose jurisdiction shall extend over all 
school districts on the reservation for which they shall be appointed, and 
he shall prescribe their duties, not Inconsistent with this act and may 
make rules and regulations for the performance thereof. And said super- 
intendent is also vested with the same power and authority as the attend- 
ance officers appointed by him. 

Sec. 8 Arrest of truants. Any attendance officer may arrest without 
warrant anywhere within the state, any Indian child between six and six- 
teen years of age, found away from his home and who is then a truant 
from instruction upon which he is lawfully required to attend within the 
district or districts of which such attendance officer has jurisdiction. He 
shall forthwith deliver a child so arrested either to the person in parental 
relation to the child, or to the teacher of the school from which said child 
is then a truant, or in case of habitual or incorrigible truants, shall 
bring them before a magistrate for commitment to a truant school, as 
provided in the next section. 

Sec. 9 • Superintendent to contract for keeping of truants. The super- 
intendent of Indian schools on the Onondaga reservation may contract 
with any city or district having a truant school, for the confinement, main- 
tenance and instruction therein of any child who shall be committed to 
such school as a truant by any magistrate before whom such child shall 
have been c^xamined upon the charge of truancy. The costs and exx>enses 
attending the support and maintenance of any truant, as herein provided 
shall be audited by the department of public instruction and paid In the 
same manner as the expenses of supporting and maintaining the schools 
on said reservation are paid. 

Sec. 10 Enumeration. The superintendent of Indian schools on said 
reservation shall in the year nineteen hundred one, and in each succeed- 
ing fifth year thereafter, make a complete enumeration of the Indian in- 
habitants on said reservation; such enumeration shall be made between 
the first day of May and the first day of August and shall he tabulated 
by said superintendent, and such tabulation shall show tlie name anci 
age of each Indian person on said reservation, and shall show in what 
school district each of such persons reside. Such superintendent shall 
designate in such tabulation, the district in which each Indian child of 
school age shaU be required to attend school. 

Sec. 11 Payment of services herein required. The superintendent of 
Indian schools on the Onondaga reservation shall be entitled to receive 
the sum of three dollars per day, in addition to the salary now paid to 



Appendix 163 

such superintendent, for each day necessarily spent by him in enforcing 
the provisions of this act, and also for pa.ch day necessarily spent in 
making the enumeration of the reservation and tabulating the same, to- 
.gether with his necessary expenses Avhile employed in enumerating and 
tabulating the same and enforcing the provisions of this act. Each of 
the attendance offiters herein provided for shall receive such sum per 
■day as shall be fixed by said superintendent of Indian schools for each 
•day necessarily employed tn enforcing this act, but the amount so ex- 
pended for such attendance officers shall not exceed the sum of three 
liundred dollars in any one year; and each person employed by said super- 
intendent to assist him in taking and tabulating the census of the resi- 
dents of said reservation, shall be entitled to such compensation as he 
shall contract for with said superintendent of said schools, not exceeding 
two dollars per day together with necessary expenses. The entire ex- 
pense in taking the enumeration herein provided for, shall not exceed 
the sum of two hundred dollars, and shall be presented to and audited by 
the superintendent of public instruction, and paid in the same manner 
■as other accounts for the support and maintenance of the schools on said 
reservation are now paid. 

Sec. 12 This act shall take effect May first, nineteen hundred and one. 



CHAP. 201. LAWS OF 1901 

AN ACT providing for fire drills in the schools of this state 

Became a law, March 27, 1901, with the approval of the Governor. Passed, 
three-fifths being present. 

The People of the State of New York, represented in Senate and 
Assembly, do enact as follows: 

Section 1 It shall be the duty of the principal or other person in charge 
of every public or private school or educational institution within the 
«tate, having more than one hundred pupils, to instruct and train the 
pupils by means of drills, so that they may in a sudden emergency be 
<Lble to leave the school building in the eshortest possible time and without 
confusion or panic. Such drills or rapid dismissals shall be held at least 
once in each month. 

Sec. 2 Neglect by any principal or other person in charge of any public 
or private school or educational institution to comply with the provisions 
of this act shall be a misdemeanor, punishable at the discretion of the 
court by fine not exceeding fifty dollars. Such fine to be paid to the 
pension fund of the local fire department where there is such a fund. 

Sec. 3 It shall be the duty of the board of education or school board 
or other body having control of the schools in any town or city to cause 
& copy of this act to be printed in the manual or handbook prepared for 
the guidance of teachers, where such manual or handbook Is in use or 
may hereafter come into use. 

Sec. 4 The provisions of this act shall not apply to colleges or unl- 
▼ersltles. 

Sec. 5 This act shall take effect June first, nineteen hundred and one. 



164: Appendix 

CHAP. 502, LAWS OF 1902 

AN ACT to provide for a uniform tax in the several towns of 
the county of St. Lawrence for the maintenance of common 
schools, and for the levy, collection, custody and disburse- 
ment thereof 

Became a law, April 10, 1902, with the approval of the Governor. Passed, 
three-fifths being present. 

The People of the State of New York, represented in Senate and 
Assembly, do enact as follows: 

Section 1 At any biennial town meeting held after the passage of this 
act, in the several towns of the county of Saint Lrawrence, there may be 
submitted to the electors thereof, upon the written request of not less than 
twenty-five taxpayers entitled to vote thereon, such request having been. 
filed with the town clerk at least thirty days before such biennial town 
meeting, the question, " Shall a uniform system of taxation for the main- 
tenance of the common schools be adopted in the town of '?"" 

If a majority of the ballots cast shall be in the affirmative, further pro- 
ceedings under this act shall be taken as hereinafter provided. 

Sec. 2 On or before the day of the meeting of the town board for the 
audit of town accounts in each year, following the adoption of this act. 
by any town in the county of Saint Lawrence, the trustee or trustees of 
the several common school districts in such town shall file with the town 
clerk, a statement of the sum of money necessary to maintain the common 
school in said common school district in the following form: 

I (or we), the undersigned trustee (or trustees) of school district number 

, of the town of , state of New York, do hereby certify 

that the following sums are required for the maintenance of district school 

number , of the town of , state of New York, for the 

fiscal year beginning September first, and ending June thirtieth, : 

For salary for teachers $ 

For library funds 

For repairs to school buildings 

For miscellaneous expenses 



Total 



Sec. 3 It shall be the duty of the town clerk to deliver said certificates 
of the trustee or trustees of the several common school districts, to the 
town board of each town adopting this system on the day of the meeting 
of the town board for the audit of town accounts in each year, and the 
said town board shall include the gross sum called for by the several said 
certificates or so much thereof as may be necessary, in their annual town 
schedule of expenses, to be certified to the board of supervisors in the 
county in which the said town is situated in the same manner as other 
town expenses, and the said board of supervisors shall levy such amount 
in the next succeeding tax levy of the town, in the same manner as other 
town taxes are collected. The amounts thus collected in each town shall 
be paid by the town collector to the supervisor of the town and by him 
paid out on the order of the trustee or trustees of the several common 
school districts to the amount to which each district is entitled, in the 
same manner as the public school funds are now disbursed. The collector 
shall be paid the same rate per centum for collection as is now allowed 
by law for the collection of moneys, and for the same powers and to be 
subject to the same liabilities. The collector or supervisor shall give bonds 
to the amount now required by law in the collection, custody and disburse- 
ment of town funds. 



Appendix 165 

Sec. 4 It shall be the duty of the town clerk to furnish the trustee or 
trustees of each common school district the forms in blank provided for 
in section two of this act. The cost thereof shall be a town charge. 

Sec. 5 Any school district lying partly in the town which had adopted 
the system of taxation provided by this act, and partly in a town not having 
adopted said system, shall, for the purpose of this act, be considered as 
lying wholly in the town not having adopted said system, and shall so 
continue until such time as both towns have adopted said system of taxa- 
tion. In case both towns have adopted the system of taxation provided by 
this act, then the trustee or trustees in such school district shall certify 
to the town clerk in each town the sum required for the maintenance of 
such district school, and the said sum shall be divided between the towns 
in proportion to the assessed valuation of property, real and personal, in 
the different parts of said district in each town, and the amount so divided, 
shall be included in the schedule of town expenses in each town in the 
same manner as heretofore provided in this act. 

Sec. 6 Under the provisions of this act town boards shall have the 
power by resolution with the consent in writing of the school commissioner 
of the district in which such town is situated, to annul or consolidate 
common school districts, and to provide for the transportation and main- 
tenance of pupils in any common school district in such town. 

Sec. 7 It shall be the duty of the supervisor to keep a separate account 
with each common school district, in any town adopting this act, in said 
town. He shall not pay for the account of any common school district, 
upon the order of the trustee or trustees, as provided in this act, a larger 
sum of money tha.n the sum of money approved by the town board of said 
district, and levied and collected under the provisions of this act. 

Sec. 8 Whenever any town shall have adopted the system of taxation 
for the maintenance of common schools provided for in this act, the board ' 

of education of any union free school therein, maintaining a department 
for secondary education, shall receive into such academic department, 
pupils sufficiently advanced to enter therein, without the payment of any 
tuition therefor. And such boards of education in such union free school 
districts are hereby empowered to establish the grades and prescribe such 
examinations as may be necessary to carry into effect the provisions of 
this act, and such grading and examination shall be uniform and regulate 
the admissions thereto of all pupils residing within such township. 

Sec. 9 All acts or parts of acts which are inconsistent or In conflict with 
the provisions of this act are hereby repealed. 

Sec, 10 This act shall take effect immediately. 



INDEX 



A 

Academic department: page 

Established by board of education 78 

Inspection by regents, subject to 83 

Qualifications for entrance, to be established by board of regents. 83 

Academies: 

Academic departments may be adopted 83 

Leased by union school district 83 

Returned to trustees in dissolved union school districts. 85 

Teachers training classes in 92 

Acquisition of schoolhouse sites 87 

Actions. (See also suits.) 

School district officers, by and against 99-100 

Tax for costs, the county judge to compel district to levy 101 

Trustees of school districts, against 135 

Acts repealed SG, 121 

Affidavits: 

Commissioner may talie 28 

Commissioner to make, of expense of institute 89 

District clerli may take to register 54 

Superintendent may take 10 

Teachers to correctness of register 54 

Age. (See also school age.) 

Cornell scholarships at which students are eligible to compete 

for 94 

Qualification for teachers 28, 47 

Aggregate attendance. (See attendance.) 

American museum of natural history 139-140 

Annual meeting. (See school meeting.) 

Annulment of certificates: ' 

Cause for failure to complete agreement 50 

Cause for failure of teacher to attend institute 90 

Commissioners may annul 28 

Superintendent may annul 9 

Superintendent may annul license issued by school commissioner 

or a normal diploma 10 

Superintendent to note annulments of all certificates and di- 

\ plomas 10 



168 Index 

Apparatus: ' tags 

Board of education to keep insured 77 

Board of education to purchase 77 

Board of education to provide 78 

Inhabitants may vote tax for 36 

Trustees may purchase 53 

Appeals. (See also decisions.) 

Costs not allowed defendants in certain cases vphen tried in 

courts 99 

Decision, final by superintendent 98 

: Evidence, copies of 98 

From action of meeting dissolving union school district 86 

From acts of commissioners 29 

From validity of election, etc., in district over 300' 40 

Law concerning, to superintendent 98 

! Record of, superintendent to keep 98 

Rules of practice under 147 

Superintendent's power concerning 98 

Testimony, commissioner may take 28 

Who may appeal to superintendent 98 

Apportioning valuation of railroads, telegraph, telephone and pipeline 
companies 131 

Apportionment: 

Certificate to county clerk, treasurer, commissioners, etc 15, 17 

Correction of errors 17 

Districts when not entitled to money 17 

Fines and penalties, apportionment of 16-20 

Indian schools Ill 

Money collected by supervisors, commissioner to apportion 31 

Public money by state superintendent 11-15 

School commissioner, apportionment by 15-17 

Teachers institute, on account of attendance at 90 

Appropriation: 

Arbor day 113 

Compulsory education law 121 

Indian schools 110 

Institute and summer institutes 91 

Training classes 92 

Approved course of study, superintendent to approve 15G-157 

Arbor day, law concerning 113 

Assessments: ' 

Banks 129 

Delaware and Hudson canal co., property of 132 

District taxes, of property for 56-64 

Equalization of, by supervisors 57 

Equalization, procedure when supervisors cannot agree on 58 



Index 169 

Assessments — (concluded): pagie 

Equalized, to be used thereafter 58 

Forest preserve, of lands in 128 

Lands lying in one body 56 

Property exempt from 133 

Railroads 131, 132 

Reducing, manner of 57 

Telegraph, telephone and pipe-lines 130 

Valuation of property to be taken from last assessment roll of 
town 57 

Attendance: 

Apportioning public money, how ascertained for purpose of IG 

Institute weeli, how reclioned 90 

Record of, to be kept by teachers. 47 

Report of, by trustee 55 

Attendance officers: 

Appointment of, under compulsory education law 118, 119, 161, 165 

May arrest truants 119 

Procedure on arrest of truants 119 

B 

Ballot boxes: 

In common districts 35 

In districts of over 300 39, 75 

Ballots: 

In common districts, form of 35 

In districts of over 300 39, 76 

Banks and banking associations, stockholders in 129, 130 

Blind institutions 111-112 

Blackboards, district to vote tax for 36 

Blanks, state superintendent to prepare 10 

Board of education: 

Academic department, to establish 78 

Admission of pupils, to regulate 77 

Appropriation, shall not exceed 81-82 

Ballot boxes, to provide 75-76 

Bodies corporate 68 

Bonds, to be required of collector and treasurer 69 

Bonds, or evidences of indebtedness to be prepared 71-73 

Bonds, shall give notice of time and sale of 71-73 

By-laws, to adopt 77 

Canvass of votes 76 

Clerk, appointment of 68 

Collector, appointment of 69 

Collector to give bonds to 69 

•Colored schools, established by 108, 160 



170 Index 

Board of education — (continued): pag» 

Contracts of hiring to be delivered to teachers 7S 

Contracts, no member to be interested in 81, 13S 

Course of study, to prescribe '<'7 

Division into classes 6T 

Drafts, to be signed by president and secretary 82- 

Drawing, free instruction in 106-lOT 

Duties, subject to all duties of common school district not incon- 
sistent with this title 80 

Election of 67 

Election of, in cities and villages 6S 

Election, in districts of over 30O 74-7& 

Election, to call special 76 

Eligible, only one member of family 70 

Estimate, to amend if necessary 81 

Estimate of expenses to be made to annual meeting 81 

Evening school, may establish 107 

Fire drill law, duties under 163- 

Fire escapes, to provide 80 

Flag, to provide school with 151 

Fuel, to provide 78 

Gifts, etc., to apply proceeds thereof 78 

Immunities and privileges, same as enjoyed by trustees of acad- 
emies SO 

Industrial training departments, may establish 1©8 

Inspector of election, to act as 75 

Insured, to keep schoolhouses and furniture 77 

Institute, public money may be withheld if board fails to close 

school during 90 

Institute, schools to close during 8& 

Institute, to refer to commissioner relative to 90 

Kindergartens, may establish 107 

Librarians, to appoint 78 

Local music, inspection in 107 

Management, to have full management and control of schools. . 78 

Meeting of, annual 73-74: 

Meeting of board, regular 81 

Meetings, to be public 81 

Meetings, may hold executive session 81 

Members, maximum or minimum number of members allowed. . 8i 

Members must be qualified voters and able to read and write. . . 70 

Members, number of, how increased and diminished 84- 

Money, power to borrow 72-73 

Moneys, apportioned to common schools, how applied 82 

Moneys, from literary fund applied to academical department... 82 

Moneys, paid to treasurer for use of 82 



Index - 171 

Board of education — (continued): pagb 

Moneys, to pay only upon resolution 82 

Non-resident pupils, to regulate tuition for 78 

Notice of election 75 

Notice, shall give, of sale of bonds 71-73 

Physiology and hygiene, to provide for instruction in 77 

Powers and duties 77 

Powers of trustees, clothed with in cities of not more than 30.000. 87 

Powers of trustees, under title IX in city of Brooklyn 87 

Powers, as in title IX under special laws 88 

President, election of 68 

Proceeds of sale of real estate, how applied 78 

Proceedings, to copy record of 80 

Pi'oceedings, open for public inspection 80 

Proceedings, copies of, and dissolved union districts to be filed 

with state superintendent 86 

Property, to hold when transferred by gift, etc 78 

Property, school, to have charge and disposition of 78 

Property, title of, invested in 78 

Heal estate, to exchange 78 

Heal estate, to execute or have sale of. •. 78 

Real estate, to sell when authorized by vote of district 78 

Record, to keep of proceedings 80 

Relatives, can not be employed as teacher without two-thirds 

vote 79 

Removal, of members for cause 79 

Repairs, to keep schoolhouses and furniture in 77 

Rooms, to hire 77 

Rules and reflations, may establish, concerning free text-books. 74 

Rules relative to discipline, to establish 77 

Salaries, to be paid teachers monthly 79 

Sites and schoolhouses, to purchase 77 

Statement, concerning bonded indebtedness 73 

Statement, to corporate authorities of anticipated expenditures . . 70 

Statement, of receipts and expenditures to be published 80 

Superintendent of schools, to appoint 80 

Superintendent of schools, to describe salary and duties 80 

Tax, for teachers' wages 73 

Tax, when board may levy without vote 81 

Teacher, can not remove except for cause 79 

Teachers, to employ 78 

Term of office 67 

Term of office in cities and villages 68 

Term of office, to hold until successors are elected 76 

Text-books, to prescribe 77 

Text-books, manner of changing in union schools 102 



172 Index 

Board of education — (concluded) : page; 

Text-books, to designate 101 

Text-books, may purchase when 7-i 

Treasurer, appointment of (jS-G9i 

Treasurer, to give bonds to 6!> 

Tuition, amount of tax deducted by non-residents 78. 

Vacancy in board, how filled 7J> 

Vacancies in office of clerk, treasurer, collector, to be supplied. . 69- 
Vaccination, may appoint competent physician to vaccinate chil- 
dren 127 

Visitation committee, to appoint 81 

Votes, canvass of 76 

Water-closets, board to provide 7{> 

Board of supervisors. (See also supervisor.) 

Commissioner districts, may divide 138. 

Commissioner's expenses, shall audit 25 

Commissioner's salary, may increase 25 

Unpaid taxes for school districts, to collect 00 

Unpaid taxes, to pay to collector 60 

Unpaid taxes, certificate of, county treasurer to furnish bjard 

with &> 

Bond and mortgage, sale of site, to be taken as security for 42 

Bonded indebtedness, districts having, not to be divided 31, 84 

Bookcase, district to vote tax for 37 

Bond: 

Amount of treasurer's and collector's bond fixed by district 36 

Collector to give 61, 62, 69 

Collector's, to be filed with town clerk 61 

Collector's, penalties on 64 

Supervisor to give 17-18 

Surety, extra required in cities and villages 82. 

Treasurer and collector to give , 40, 69 

Bonds: 

Issue of 41, 71, 72-73 

Notice of sale of 41, 71, 73 

Proceeds of sale of, where paid 40, 71 

Statement concerning, to be filed with clerk of board of super- 
visors 41, 73 

C 

Canvass of votes in districts of over 300 76. 

Census: 

Biennial school census 153 

Expense of 13 

Indian children 110 

State superintendent to determine, when not shown 14 



Index 175 

Census — (concluded): page 
State superintendent to take, to determine whether district is en- 
titled to employ a superintendent 80 

Superintendent, to determine whether district is entitled to. .. .12, 13 

Trustee, to be reported by 55 

When taken 55-56 

Whom to include 55-56 

Certificate of apportionment of public moneys 17 

Certificates. (See normal diplomas, college graduate certificates, 
state certificates, teachers' certificates.) 

Challenges: 

Declaration of person challenged 35, 39, 75 

Illegal voting in common school districts 35 

Illegal voting in districts of over 300 39, 75 

Chief clerk in Department of Public Instruction, may be appointed 
second deputy 155 

Checks to be countersigned by state superintendent 11 

Cities: 

Apportionment of public money for superintendent 12 

Apportionment, when entitled to additional 12 

Board of education, how elected in union school corresponding 

with cities 68 

Board of education, term of ofiice of, in union school correspond- 
ing with cities 68 

Districts can not be annexed to 30-31 

Money raised in, to be paid into treasury 82 

Special provisions for districts over 300 do not apply to 40 

Tax for school purposes levied in 70 

City and village superintendents: 

Apportionment of public money for 12 

Arbor day exercises, to have general oversight of 113 

Board of education may appoint, remove, fix salaries and duties. 80 

Cornell scholarship examination, to assist in holding 94 

Districts employing, entitled to benefits provided in section 2... 80 

City treasurer or chamberlain shaU apply for public money 15 

Clerk. (See district clerk.) 

Code of Public Instruction: 

Penalty against trustee for neglect to care for 102 

State superintendent to prepare 157 

Trustee to care for and I'eplace if lost 102 

Collection of taxes. (See taxes.) 

Common school districts 56-64 

Railroad companies 131 

Union school districts 70-73 

College graduate certificates, state superintendent may grant and 
revoke 9 



174: Index 

NColored children: ' ■ , ' ^^°® 

New York city, provisions concerning in 109 

Rights, to secure equal, for 160 

Special schools for, may be established lOS-109 

Special schools for, how supported 109 

Teachers must be qualified 109 

Common schools. (See also school districts.) 

Inspectors of, state superintendent to appoint ^ . . 8 

Meetings in. (See school meetings.) 

State superintendent to visit 9 

Compensation. (See salary.) 
Comptroller: 

Payments of moneys to counties, may withhold 11 

Warrants of state superintendent, to countersign 11 

Compulsory education: 

Indian children on Allegany and Cattaraugus reservations 160 

Indian children on Onondaga reservation 164 

Law, fuU text of .^ llG-121 

Subjects to be taught under 116 

Condemnation: 

Application and limitations of proceedings 87 

Proceedings for acquiring site 87 

Schoolhouse, by school commissioner 27 

Contingent fund: 

Established 13 

Separate neighborhoods, money to be paid from 115 

Supplementary apportionment to be paid from 13 

Contracts: 

Board of education and teachers, between 78, 103 

Conveying pupils 38 

Education of pupils, between school districts for 102-103 

Filed with state superintendent, copy of, for education of pupils. . 103 
Misdemeanor for trustee or member of board of education to 

be interested in 81, 138 

Quota, districts making contracts for tuition, to receive 103 

Reports of trustees and boards concerning districts under 103 

With other cities and districts under compulsory education law. . 120 

With private institutions under compulsory education law 120 

Conveyance of pupils 38 

Copies of records, etc., under seal, evidence S, 98 

Cornell university: 

State scholarships in 93-95 

State superintendent a trustee of 8 

Corporal punishment. (See discipline.) 

Use of force or violence, declared not unlawful 137 



Indejx l^S 



PAGB 



Corporate authorities: 

Alterations, improvements, etc., to raise sums voted at special 

meetings for *^ 

Cities and villages, board of education in, to certify anticipated 

expenditures to ^^ 

Sums certified, have no power to withhold TO 

Tax as certified, must levy • TO 

Tax may be levied, in one sum or by instalments TO 

Costs : 

Actions, of school officers in, a district charge 99-100 

Amount of, to be determined by county judge 100 

Defendant, when not entitled to 99 

County clerli: 

Certificate of election of school commissioners, to forward to 

state superintendent 24 

Oath of office of commissioner, to file 24 

Public money certified to 15 

Trustees' reports and commissioners' abstracts to be filed with, 

by commissioner 29 

Vacancy in office of school commissioner, to give notice of 25 

County judge: 

Costs, to hear and determine appeal on refusal of district to vote 

tax for 10^ 

Costs, in certain cases, to determine amount of 100 

Costs, in defending suits, to hear and determine actions relative 

to 101 

Penalty, may impose 2S-29 

Public money, may appoint person to distribute 18 

Vacancy in office of school commissioner, may fill 25 

Collector: 

Appointment of, to be filed with the district clerk 44 

Appointment of, in union school districts 69 

Bond, amount of 36 

Bond, failure to give, vacates office for 44 

Bond, to give 61 

Bond, to be filed with town clerk 61 

Bond, expense of filing a district charge Gl 

Bond, for disbursements of public money to give Gl-62 

Bonds of, in union school districts 69 

Bonds, vacates office by failure to give, in union school districts . 69 

Collection of taxes, give notice of 62 

Canal and pipe lines, to notify president, etc., of 62 

Election, manner of 35 

Failure to pay money, trustee to notify treasurer and state 

superintendent .• 5"* 

Fees of • ^3 



176 ' Index 

Collector— (concluded): ^^gk 

Money to pay over, to treasurer 4& 

Moneys, custodian of 64 

Moneys, payment of, to treasurer 6i 

Moneys, report of receipts and disbursements of 64 

Moneys, payment of, to successor 64 

Moneys, to malse up loss of - 64 

Moneys on bonds, recovery of 64 

Non-residents, to notify 62 

Public money, to disburse 61-62 

Public money, to give bond for disbursement of 61-62 

Public money, not to disburse, in districts having treasurer 62 

Railroad corporation, to notify ticliet agent of 62 

Supervisor, to receive money from 21 

Trustee not eligible to office of 4:2 

Term of office 43 

Taxes not collectible, to certify to trustee 5& 

Taxes returned to county treasurer to pay 60 

Taxes, to give notice of collection of 62 

Vacates office by failure to give bond 44 

Vacancy supplied by appointment of trustee 44 

Vacancy of, supplied in union school districts 69^ 

Warrant, vv^hen to be delivered to 61 

County treasurer: 

Amount reported by supervisors, to furnisli commissioners with. 15- 

Bond of supervisor, shall require IT 

Bond of supervisor, to sue 17 

Certificate of apportionment, to be furnished vs^ith 17 

Fines and penalties, to credit to school moneys 20 

Fines and penalties, furnish commissioners witli amount of 16 

Library money, shall add unappropriated, to succeeding year ' 96 

Public money certified to 15 

Public money, shall apply for 15 

Taxes, uncollected, trustees to certify to 59 

Taxes, uncollected, to pay amount of, to collector 60 

Course of study: 

Approved by state superintendent, to be 159 

Common schools, trustees to prescribe, in 50 

Union schools, board of education to prescribe, in 77 

D 

Deaf and dumb institutions 111-112 

Decision of state superintendent: 

Disobedience of, public money may be vpithheld for. 10 

Final, not reviewable by any court 98 

Declaration of voters when challenged (see voters) 35, 39, 75 



Index , l^T 

PAGE 

Deficiency, district to vote tax for 37 

Delaware and Hudson canal co., apportionment of valuation of 132: 

Deputy superintendent: 

Appointment and salary S 

OMef clerk may be appointed second deputy 155 

Vacancy in office of state superintendent, to act in case of 8- 

Discipline: 

Common schools, trustees to prescribe rules for 50 

Corporal punishment, when permitted 137 

Union schools, board of education to prescribe rules for 77 

Disorderly persons, truants proceeded against as. 120 

Dissolution of school districts: 

Union school districts, method of procedure 84-86 

Common school districts: 

By commissioners 31 

Adjoining union school districts 84 

District attorney shall report fines and penalties to boards of super- 
visors 20 

District clerlj: 

Annual meeting not held, to call special meeting when 34 

Appointment to fill vacancy, notice of, to be filed with 44 

Bond of treasurer, trustees to file with 4!i 

Board of education, clerk of, how appointed 6S 

Board of education, clerk of, salary and duties of 68 

Board of education, clerk of, vacancy in office of 09 

Dissolved districts, to deposit records of in town clerk's offic3. .. 45 

Election of 35 

Eligibility to office of, trustee not eligible 42, 

Election in districts of 300, to act as 75 

Election of, section 7 of title 8 relating to, not to apply to certain 

towns 86 

Meeting of board of trustees, to attend 45 

, Notice of meeting, to give 33-45 

Oflicers elected, penalties for failure to report to town clerk 45 

Oath to teacher, to administer 54 

Poll-list in districts of over 300, to keep 39 

Penalty for refusing to record names in districts of over 300 39 

Persons elected or appointed to office, to notify 43, 45 

Proceedings of meetings and trustees' reports, to record 45 

Removal from districts, notice of to be given by commissioner. ... 33 

Record names in districts of over 300, penalty for refusing to. .. . 3& 

Resignation, to notify trustees of 45 

Records, to keep and preserve all 45 

Records, penalties for failure to preserve and deliver 45 

Records of board of trustees, to keep 45 

12 



178 Index 

District clerk — (concluded): pagh 

Records, to allow voters to inspect 46 

Record names of voters, penalty for refusing to, in districts of 

300 75 

Record result of election, as announced by inspectors in districts 

of 300 76 

Register, teachers to deliver to 47 

Special election in districts of over 300, to call 40 

Special meetings, to call 46 

Separate neighborhoods, duties in 115 

Trustee not eligible to office of 42 

Term of office 43 

Vacancy in office, how filled 44 

Vacancy in office, to give notice of appointment to fill 44 

District meeting. (See school meeting) , 115 

District officers: 

Annual meeting not held, to make same report as at annual 

meeting 34 

Length of term, when elected at special meeting >. 34 

Qualifications of 43 

Resignations of 45 

Report, penalty for refusal to make 34 

Refusal to serve, subect to fine for 44 

Term of office 43 

Willful neglect of duty, subject to fine for 44 

District quotas: 

Apportionment of 13 

Amount of 13 

Districts entitled to 13 

Districts entitled to more than one 13 

District treasurer: 

Appointed in union school districts, how 68-69 

Bond, amount of 36 

Bond, vacates office by failure to give 44 

Bond, to give 46 

Bonds of, in union school districts 69 

Compensation in union school districts 69 

Election of, in common school districts 35 

Election of, how determined 36 

Eligibility to office 36 

Money, trustee to notify treasurer and State Superintendent of 

treasurer's failure to pay 54 

Money to be paid to 82 

Money, to pay, only on drafts 82 

Moneys from supervisors, to receive all, in union schools 21 

Moneys, custodian of all 46 



Index 170 

District treasurer — (concluded): page 

Moneys to be paid over from all trustees to 46 

Monej^s from collector, to receive 4G 

Moneys, tx) pay out on trustees orders 4G 

Public money from supervisor, to demand and receive 46 

Report to trustees, to 4G 

Report to annual meeting, to , . , . 46 

Sale of bonds, to receive proceeds of 46 

Teachers' wages, to be paid money for, by supervisor 21 

Trustee not eligible to office of 42 

Term of office 36, 43 

Vacates office by failure to give bond .44, 6& 

Vacancy supplied by appointment of trustee 44 

Vacancy in office of, how filled in union school districts 6& 

Drawing: 

Evening schools for instruction in lOT 

Free instruction in to be given 106-107 

E 
Educational qualifications: 

Office in common school districts 43 

Office in union school districts 70 

Eligibility to office: 

Treasurer 36 

Officers in common school districts 43 

Officers in union school disti-icts 70 

Employment of children under compulsory education law 118 

Employment of teachers. (See teachers.) 

Enumeration. (See census.) 

Estimates: 

Accounts and expenditures by State Superintendent 9^ 

Board to present estimate of expenditures to annual meeting. ... 81 

Evening schools for instruction in drawing 107 

Evidence, copies of, seal evidence equal with original 8, 98 

Examinations: 

Cornell University, for state scholarship in • 94, 95 

School commissioners, by 28 

State certificates 9 

Executive sessions, board of education may hold 81 

Exemptions from taxation: 

Pay, bounty and pension money of soldiers and sailors and real 

property purchased therewith 135 

Dwelling house and land owned by religious corporations 133 

Real property of religious, charitable, educational corporations. . 133 

Exemptions: 

Broolilyn not exempt from provisions of title 9 87, 88 

Clerli in certain counties, in manner of election 86 



180 Index 

Expense: ' ' page 

Correcting district boundaries or records, a district charge 26 

Serving notice of organization of union school 66 

Serving notice for organization of union school v^^hen called by 

two or more districts 66 

Summer institutes 91 

Teachers' institutes 90, 91 

Extracts from penal code 137-138 

P 

Fees. (See salary and fees.) 

Fines and penalties: 

Altering or changing entries, forgery in third degree 138 

Apportioned by State Superintendent, when 20 

Apportionment of 16 

Boards of education and trustees for failure to close school dur- 
ing institute k. . 90 

Books, for wilful neglect or refusal to deliver to libraries 97 

Clerk, for neglecting to preserve records 45 

Clerk, for neglecting to report to town clerk officers elected 45 

Clerk, for refusal to record names of voters 39, 75 

Code, for trustees failure to care for 102 

Compulsory education law, for violation of 117-121 

Contracts, for trustees being interested in 138 

Counties, for the benefit of 19 

County treasurer, to be paid to 20 

District attorney to report 20 

District clerk, for refusal to deposit records with town clerks. ... 32 

District and trustee for failure to provide water closets 52, 79 

District officers, for failure to report 34 

District officers, for refusal to serve 44 

District officers, for neglect or refusal to perform duties 44 

Disturbing lawful meetings 137 

Draft on supervisor in certain cases, for drawing 138 

Entering building unlawfully, for 138 

Entries, for altering or changing, forgery jn third degree 138 

Falsification of accounts, misappropriation, etc., by public offi- 
cers 137-138 

False statements in reference to taxes, for making 138 

Fire drill law, for disobedience of 166 

Illegal voting, for 35, 39, 75 

Institute, against teacher for failure to attend 90 

Institute, against trustee or board of education for failure to 

close schools during , 90 

Joint districts, in 20 

^Libraries, for wilful neglect or refusal to deliver books to 97 



Index ^ 181 

Fines and penalties — (continued): page 

Meetings, for disturbing lawful 137 

Misappropriation, etc., and falsification of accounts by public 

officers 137-138 

Ministerial officers, for injury to records and misappropriation by. 137 

Names of voters, of clerli for refusal to record 39, 75 . 

Neglect of district officers to perform duties 44 

Neglect of clerk to report to town clerli names of officers elected . . 4.5 

Neglect of clerk to preserve records 45 

Neglect or refusal of trustee to account 55 

Officers, for neglect or refusal to sue for, shall forfeit amount of . . 99 

Officers, neglect of public 137 

Officers, misappropriation and falsification of accounts by pub- 
lic 137-138 

Orders, against trustees for issuing, when no money is in collec- 
tor's, etc., hands 51-52 

Paid to county treasurers 20 

Paid, to whom 29 

Physiology law, for violation of lOo 

Prevent officers from doing duty, for attempting to 137 

Publish school books or selling furniture or receive gifts, penalty 

for commissioner to 26 

Records, against clerk for neglecting to preserve 45 

Report, against district officers for failure to make 34 

Report officers elected to town clerk, against clerk for neglecting 

to 45 

Refusal to deposit records with town clerk, against district clerk 

for 32 

Refusal to serve notice 33 

Refusal by clerk to record names of voters C9, 75 

Refusal of district officers to serve 44 

Refusal of district officers to perform duties 44 

Refusal or neglect of trustee to account 55 

Resisting officers, for 137 

Refusal of officers to surrender to successor 137 

School commissioner for publishing text-books, selling furniture 

or receiving gifts 26 

School commissioner, to be reported to 22 

Subpoena of commissioner, for disobeying 28-29 

•Sued for by supervisor , 22 

Taxes, for making false statements in reference to 138 

Teacher, for failure to attend institute 90 

Text book law, for violating 102 

Trustees and boards of education for failure to close schools dur^ 

ing institute 90 

Trustees, for failure to care for code 102 



182 Index 

Fines and penalties — (concluded): pagb 

Trustees, for being interested in contracts 13» 

Trustees, for paying unqualified teacher 47 

Trustees, for issuing order when no money is in collector's, etc., 

hands 51-52 

Trustee, for failure to provide water closets 52-79 

Trustee, for neglect or refusal to account ,. 55 

Unqualified teacher, against trustee for paying 47 

Violations of the law, for other 13 

"Water closets, against trustees and district for failure to pro- 
vide 52-79 

Fire drill, laws requiring 163 

Fire escapes, trustees and boards of education to provide 52, 80 

Fires, trustees to provide for building 53 

Flag to be displayed on school grounds 153 

Forest preserve, assessment and taxation of land in 128 

Free text books, power of union school districts to vote 74 

Fuel: 

Board of education to provide 78 

District to furnish 36 

Furniture: 

Board of education to provide 77, 78 

District to furnish 36 

Insured, to be kept 37, 77 

G 

General powers: 

Board of education, of 77 

Trustees in common school districts 48 

Gifts: 

Board may hold for use of districts 78 

Competeut trustee, not invalid for want of 18 

Legislature, to control exclusively 19 

Local boards of normal schools may hold 148 

Real and personal estate for use of common schools 18 

State Superintendent to supervise 19 

Trustees to render accounting to State Superintendent 19 

Globes: 

Trustees may purchase 53 

Tax for, district to vote 36 

Gospel and school lots: 

Sold under certain conditions 152 

State Superintendent to report in regard to 19 

Supervisor to report to State Superintendent 19 

Trustees of, supervisors made 20, 21 

Gospel fund to be apportioned by supervisors 152 

Graduates of normal schools. (See normal school diplomas.) 



Index 183 

JJ PAGB 

Health and decency acts 52, 79 

High school. (See academical department.) 

Holidays: 

Defined 135 

Part of school term 13 

I 

Incorporated villages: 

Districts cannot be annexed to 30 

Election of board of education, method of 68 

Moneys raised in, to be paid into treasury 82 

Organization of union school in, manner of giving notice of 65 

Provisions in districts of over 300 do not apply 40 

Tax for school purposes levied in 70 

Term of office of board of education in union school districts 

corresponding with 68 

Indebtedness. (See bonded indebtedness.) 

Indians: 

Census, not included in 56 

Compulsory education of, on reservations 160-164 

Normal schools, may be appointed to 145 

Indians, education of: 

Apportionment of public money for 13, 111 

Appropriation for H*^ 

Compulsory on reservations • 160-164 

Enumeration of children to be talien 110 

Expenditures, vouchers and receipts to be filed with State Superin- 
tendent 1^^ 

Protection to Indians to lands 116 

Public money, children entitled to draw HO 

Reports of superintendents of Indian schools. State Superin- 
tendent to require HI 

State Superintendent to report concerning HI 

Superintendent of Indian schools. State Superintendent to employ, 110 

Industrial training 108 

Inspectors: 

Common school. State Superintendent may appoint 8 

Compulsory education law 121 

Training class ^3 

Inspectors of election: 

Canvass vote ^^ 

Common school districts 35 

Districts of over 300 39, 75 

Institutes. (See teachers institute, summer institute.) 



184: Index 

Tiistitute conductors: page 

S-tate Superintendent to appoint 8S 

Insurance: 

Normal school property 145 

Schoolhouse, apparatus, etc., board of education to insure 77 

School property, district to authorize trustee to insure 37 

School property, trustee to insure 49 

J 

Janitor: 

Trustee to provide 53 

Joint districts. (See school districts.) 

Judge. (See county judge.) 

Judgment for teachers wages, how satisfied 37 

E 

Kindergarten: 

Attendance of children under five to be reported for distribution 

of public money 108 

Laws concerning 107, 108 

■ Public money, pupils entitled to share in 10 

li 

Laws repealed — 113, 121 

liibrarian: 

Books, shall be responsible for safety and proper care of 96 

Report when required '. 9G 

Teacher to be 90 

Trustee not eligible 42 

Union school district, board of education to appoint 78 

Libraries: 

Apportionment of public money for 13, IG, 90 

Books, shall consist of what .95-90 

Dictionaries, etc., board of education may retain, when 97 

Distribution of money, districts and cities which participate in . . . 90 

Free public library, board of education may transfer to 90-97 

Grifts, may be received for 90 

Insured, board of education to keep 77 

Law, all existing provisions applicable 90 

Librarian, teacher shall be appointed 90 

Librarian, board of education to appoint 78 

Money for, apportioned by school commissioner 15 

Moneys, apportionment and expenditure of 95 

Moneys, to be paid by supervisor 21 

Persons having books in possession to deliver to proper authori- 
ties 9T 



Index 185 

Libraries — (concluded): ' page. 

Public circulating library, shall not be used as a 96 

Public libraries may take books of district libraries 97 

Public money may be withheld from district or city using library 

money for other purposes 97 

Public not entitled to use of school library 97 

Release of school authorities concerning 97 

-. Refusal to deliver books, penalty for 97 

School building, to be kept in 90 

State teachers library 155-156 

Tax to be raised for 96 

Tax for, district to vote 36 

Transferred to trustees for circulation, may be 97 

Loans: 

Charge upon counties 1^ 

State Superintendent and State Treasurer may borrow money 
when counties fail to pay ,11-12 

M 

Maps, district to vote tax for 36 

Meetings. (See school meeting.) 

Miscellaneous provisions 99, 114 

Moneys lost: 

Shall be replaced 90 

Tax to replace, district to vote 37 

Which might have been collected 64 

IT 

Natural history: 

Free instruction In ^ 13S-130 

New York state asylum for idiots. State Superintendent a trus- 
tee 8- 

Non-residents, may be admitted to: 

Common schools 47 

Union schools 78' 

Normal schools: 

Act establishing 139-143 

Appointment of Indians to 145 

Custody and preservation of 144 

Drawing, shall give free instruction in 106 

Industrial training in 10& 

Insurance on • 146 

Money, etc., for benefit of, local boards to accept 146 

Public money not to be paid to, until affidavit is made by prin- 
cipal concerning teaching of physiology and hygiene 106 

Supervision of, by State Superintendent & 



186 Index 

Kormal schools — (concluded): page 

Tuition money in, how used 146 

Vocal music, shall give free instruction in 107 

Normal school diplomas: 

Annulment of 10. 28 

Annulments of, State Superintendent to note 10 

Issuance of 144 

Indorse, from other states, State Superintendent may 9 

List of, State Superintendent to keep ' 10 

Qualifies to teach 47, 144 

O 

Oaths. (See affidavits.) 

School commissioner, of office of 24 

Orphan schools 1Q8 

P 

Penal code, extracts from 136-137 

Pensions for teachers who have taught 25 years 154r-155 

Physiology and hygiene: 

Instruction in, provision to be made for 51, 77, 104 

Normal schools, teachers training classes, teachers institutes, to 

be taught in 105 

Teachers to be examined in 28, 105 

Teaching of, law concerning 104-106 

Pictorial instruction 139-140, 154 

Poll-list: 

Common school districts, to be kept in 35, 39, 75 

Voters must correspond in number with 76 

President of board of education, election of 68 

Public health law 127 

Public money. (See school money.) 
Pupils: 

Admission of, board of education to regulate 77 

Non-resident: 

Admitted to school, may be 47, 48 

Exempt from tuition to amount of tax paid by parents or 

guardians 78 

Tuition of, board of education may regulate 78 

School fees to 47 

Q 

Qualifications of voters: 

Call for organizing union school, to be included in 65 

School districts, in 34. 69 

Oualifications for district officers 43, 70 

Treasurer 36, 68 



Index 18T 



B 



PAGE 

Railroads, apportioning valuation of 131 

Railroad companies, collection of taxes 131 

Receipts, countersigned by State Superintendent 11 

Regents: 

Academic departments regulated and visited by 83 

Permission to collect boolis, etc., given by 97 

School libraries accepted from boards of education for free public 

library by 96-97 

Superintendent ex officio, a regent 8 

Registers. (See school registers.) 

Relationship of teacher to trustee 50, 79 

Removal of officers: 

Commissioner or other school officer removable by superintendent, 10 

Member of board of education removable by board 79 

Member of board of education removable by superintendent 83 

Reports : 

Annual report of superintendent 9 

Concerning districts under contract 103 

Licenses annulled by commissioner 28 

Regarding gospiel and school lots 19 

Regarding money ia hands of superintendent of poor 19 

Required by superintendent 10 

School commissioner to superintendent 29 

Superintendent prepares blanlis, forms, etc., for 10 

Supervisor reports balance of sale to commissioner 31 

Treasurer 4G, 82 

Trustees 53, 81 

Trusts reported to superintendent 19 

Visiting committee of board of education 81 

Request for meeting to organize union school G5 

Resignation of district officers 45 

Revocation of certificates. (See annulment of certificates.) 

S 

Salary and fees: 

Assistants (inspectors) under compulsory education la-w 121 

Collector 63 

City and village superintendents, hovf determined 80 

Compensation of treasurer in union school districts 69 

Deputy superintendent 8 

Employees S 

Expenses of town clerk 23 

Inspectors of common schools 8 

Issuing commissioner's subpoena 28 

School commissioner, increase of -. 25 



J 88 Index 

Salary and fees — (concluded): page 

School commissioner, how apportioned 12 

State Superintendent 8 

Supervisor and town clerk in cases of district alterations bO 

Supervisor for equalizing assessments , . 58 

Town clerk for filing collector's bond Gl 

: Saving clause 113 

School age: 

Apportioning public money 16 

Census 55, 56 

Enforcement of compulsory education law 110, 117, IGO, 164 

Free tuition "... 47 

Indian children 110 

Kindergarten pupils 16 

Licensing teachers 28, 47 

School apparatus. (See apparatus.) 

School commissioner districts 24 

Cities not included in 24 

Divided and changed 24 

Divided by board of supervisors 138 

•'School commissioners: 

Act for another 25 

Acts may be appealed from ' 98 

Alter boundaries of union free school districts. 30 

Alter school districts when trustee consents 30 

Alter school districts when trustee refuses to consent SO 

Amount which commissioner may order expended for repairs. ... 27 
Amount which commissioner may order expended for new furni- 
ture 27 

-Annul certificates and report to superintendent 28 

Apportion money collected by supervisor ' 31 

Apportion public money l"i-17 

- Approve plans of schoolhouses 40 

Approve plans for ventilation, etc., of schoolhouses in union dis- 
tricts 77 

-Approve proceedings for dissolving union school districts 85 

Approve tax for schoolhouses 40 

Certificate of election forwarded superintendent hj county clerks. 24 

Commissioner's expense for institute, how paid CO-01 

Correct defective records of boundaries 20 

Describe and number school districts 29 

Designate number of union school districts 67 

Direct trustees to make alterations and repairs of bu'M'ngs 2G 

Dissolve districts adjoining union school districts uij.ui consi-'ut of 

trustees 30 

.'Divide dissolved districts into original districts . 85 



Index 189 

Scbool commissioners— (continued): page 

Divide territory into school districts 29 

Duties relative to institutes 89 

Duties relative to training classes 93 

Election of 24 

Examine charges against teachers 28 

Examine teachers and grant certificates 28 

Expenses paid by board of supervisors 25 

File decision in alteration proceedings vpith town clerk 30 

File description of school districts with town clerk 23 

File duplicate order with town clerk 32 

File order altering districts with town clerk when trustee re- 
fuses to consent 30 

Full authority given in districts under special acts 32 

- Oeneral duties 28 

■Give consent to change of site 42 

Give notice of hearing on district alterations 30 

Give notice of first meeting : . 32 

Give notice of meeting before time fixed 33 

Give notice of special meeting 33 

Have general oversight of Arbor Day exercises 113 

Hear arguments and decide regarding alterations of school dis- 
tricts 30 

Help form and alter adjoining districts 29 

Hold Cornell scholarship examination 94 

Inquire into school district boundaries 20 

Make recommendations to teachers and trustees 2G 

May accept resignation of district officers 45 

May alter boundaries of union districts 84 

May annex adjoining districts to union disti-icts 84 

May appoint trustee to fill vacancy, when 44 

May condemn schoolhouse 27 

May call special election in districts of over 300, when 40 

May call meeting to decide whether district shall be dissolved. ... 31 

May dissolve school districts 31 

May direct repairs to school furniture 27 

May direct new furniture to be bought 27 

May direct trustees to abate nuisance 27 

May dissolve common school districts adjoining union school dis- 

. tricts 84 

May form new districts 31 

May form, alter or dissolve joint districts 31 

May make approval of dissolution conditional S5 

May order district clerk to deposit records with town clerk 32 

May take aflldavits 28 

May require attendance of other commissioners 31 



190 Index 

School commissioners — (concluded): page 

May require use of school buildings 2Q 

May remove attendance oflBcers 110 

May receive gifts for use of common schools 18 

Minutes of meeting organizing union school to be filed with 68 

Money apportioned for salary of 12 

Must file with superintendent copy condemning schoolhouse 27 

Must state amount necessary for new building 27 

Not eligible to office of trustee 42 

Notify teachers and trustees of time and place of teachers insti- 
tutes 88-89 

Obtain from treasurer report of supervisors relative to money 

on hand 21 

Office continued 24 

Power to issue subpoenas 28 

Removed by superintendent 10 

Report annulment of certificates to superintendent 28 

Resignation and vacating office 25 

Right to hold institute in school building 89 

Salary 25 

Salary withheld by superintendent 25 

Set off separate neighborhoods, when 114 

Shall call special election in district of 300, when 76 

Shall carry unapportioned library money to succeeding year 96 

Shall certify to provisions of physiology law 105 

Shall file abstracts and reports with county clerk 29 

Shall make good losses of moneys 99 

Shall not receive gift for influence 26 

Shall procure trustees' reports from town clerks 29 

Shall not be interested in publishing school books or selling 

school furniture 26 

Shall report to superintendent , 29 

Superintendent may revoke licenses issued by 10 

Take testimony in case of appeal 28 

Term and oath of office 24 

Vacancy in office, how filled 25 

Visit schools, inquire into course of study, condition of buildings, 

libraries, etc 26 

School districts: 

Adjoining union, school districts, may be dissolved 30 

Can not be divided when having bonded indebtedness.. 31, 84 

Description filed with town clerk 29 

Dissolution of common school districts adjoining union school 

districts 84 

Entitled to quota when contracting for education of pupils. .. .102-1C3 

Exist for purpose of finishing business. , 32 



Index 191 

School districts — (concluded): pagh 

Formed by commissioner 29 

Joint districts, how formed, altered and dissolved 29, 31 

May be dissolved by school commissioner 31 

May contract with adjoining districts for education of pupils. ... 103 
May dissolve and annex to union school districts when trustees 

consent 84 

Notice of first meeting 32 

Organization of new districts 32 

Proceeds of sale to be apportioned among inhabitants 31 

Supervisor to sue for money due , 31 

Under special acts not subject to provisions of districts of over 

300 40 

When consolidated, rights of property 31 

When dissolved, a portion may be annexed to existing district. ,. 31 

When parted into portions, schoolhouses to be sold by supervisor. 31 

Schoolhouse: 

Board of education to purchase or hire 77 

Board of education to insure 77 

Board of education to have possession of 78 

Furnished with fuel, etc 36 

Hire, purchase, etc 36 

Issue of bonds to purchase 71 

Keep in repair 36 

Manner of voting tax in union schools other than city and vil- 
lage 71-72 

May be condemned by school commissioner 27 

Not subect to taxation 78 

Plans approved by commissioner 41 

Plans for ventilation, etc., approved by school commissioner 77 

Power to borrow money to pay for 71 

Shall not stand on town line 40 

Special meeting to consider 27 

Special notice necessary to vote tax for school buildings, etc.... 72 

Special notice required before voting tax for 70 

Tax for, approved by commissioner 40 

Tax for, not valid 41 

Title already vested in board 78 

Use of granted to school commissioner 29 

Use of for teachers institute .- 89) 

Use for other purposes 54 

A'cte to raise money for, how rescinded 71 

Schoolhouse sites: 

Board of education of Broolilyn power over 88 

Board of education to purchase 77 

Described by metes and bounds .36, 72 



193 Indbx 

Schoolhouso sites — (concludod): page 

Dood to l»o execiitod by board 78 

Designated by special meeting in common districts 30 

How jioquired wlien owners not willing to sell SI 

Issue of tKjnds to purchase 77 

Ijjinds wlui'h cannot be taken by condemnation S7 

Ivcased. etc 30 

Manner of raising tax for union schools other than city ami vil- 
lages 71-7:: 

May be sold by board when authorized by vote of district 7S 

May be exchanged for other sites 78 

Money received for old site to be applied towards new 42 

Not subject to taxation 78 

Power to borrow money to pay for 71 

Sale of former site 42 

Site of, how changed 41 

Special notice required before voting tax for 70-72 

Title ali"eady vested in board 78 

Title to be vested in board of education in cities of loss than 

SO.lXH) 87 

A'ote, how taken 30. 72 

Vote to raise money for, how rescinded 71 

ANiih consent of commissioner, meeting may designate sites for 

two or moiv schoolhouscs 30 

School law: 

Superintendent to cause school laws to be printed and distrib- 
uted 113 

School meeting: 

Acts may be appealed from 98 

Adjournment for not more than 10 days ; .00-67 

Adjourns So 

Amount of collectors' and treasurers' bonds fixed by 30 

Annual meeting may prescribe method of giving notice of special 

meeting 33 

Annual meeting, when held 33. 38 

Authorizes district trustee to employ relative 50 

Ballot boxes in districts of over 300 7o-70 

Called to decide if district shall be dissolved or altered 31 

Cannot reduce commissioner's estimate, etc 27 

Canvass of votes and declaration of results in districts of over 

300 'i^' 

Chairman and clerk appointed by S5 

Challenge of voters in districts of over 300 75 

(Clerk keeps poll-list in districts of over 300 75 

Commissioner's estimate for expenses of building increased by. .. 27 

Commissioner to give notice of new districts ...* S2 



Indbx lOo 

School meeting — (continued): page 

Couvcuos at what time 33, 38 

Date of holding, in districts of over 300, other than in city or 

village '<4 

Designates text-books 1^ 

Designates schoolhouse site, at special meeting 36 

Declaration of voters in districts of over 300 75 

Determines whether a treasurer shall be elected 36 

Determines material, size, etc., of schoolhouse.'..... 27 

Direct sale of former site and building 42 

District treasurer to report to 46 

Disputes concerning election (to be referred to superintendeut in 

districts of over 300) 76 

Disposition of proceeds of sale of site directed by 42 

Form of ballots in districts of over 300 76 

Held in dissolved union school districts 86 

Held in principal schoolhouse 33, 38 

Held in dissolved districts, when 32 

Held in separate neighborhoods • 114 

Hours for holding election in districts of over 300 74^75 

Illegal vote in districts for over 300, penalty 75 

Inspectors of election appointed by 35 

Insurance of school property authorized by 37 

Manner of changing text-books 1^2 

May vote to elect officers on Wednesday following in districts of 

300 '^4 

Meeting may adopt resolution to form union school 67 

Method of procedure to dissolve union school districts 84-86 

Notice, how given for separate neighborhood meetings 114 

Notice of election in districts of 300 75 

Notice, how given in districts of over 300 38 

Number of votes necessary to organize meeting for forming 

union school 

Number of trustees increased or reduced by 43 

Number of trustees determined by ^^ 

Officers elected by "^^ 

Penalty for illegal voting in districts of over 300 7o 

Powers of, in common school districts 35 

'Proceedings altered by 

proceedings, when annual meeting not held 34 

Proceedings not illegal for want of due notice in organizing 

union school 

Proceedings for forming union school 66 

Provisions concerning districts of over 300 not to apply to cer^ 

tain counties • • 

Raisiog of money by Installments determined 41 

School commissioner and superintendent to order special 'election. 76 
13 



194 Index 

School meeting — (concluded): page 

Special meeting to consider building schoolhouse 27 

Special meeting to dissolve union school districts 84 

Special election to be called by board when annual election not 

held in districts of over 300 76 

Superintendent may order new election in districts of over 300. ... 76 

Superintendent may call special meeting . . ^ 34 

Trustee calls special meeting when annual meeting not called .... 34 

Union school in two or more districts organized by 66 

Votes tax for purchase, etc 36 

Votes tax for hiring and purchasing rooms, buildings, etc 36 

Votes tax for fuel 36 

Votes tax for purchase of globes, maps, etc 36 

Votes tax for purchase of text-books for poor children 36 

Votes tax for library 36 

Votes tax for deficiencies 37 

Votes tax for record book 37 

Votes tax to replace moneys lost or embezzled 37 

Votes tax for defending suits 37 

Votes tax for teachers' wages 37 

Votes tax to satisfy judgment 37 

Votes tax for conveying pupils 38 

Vote on tax propositions, how taken 38 

Vote on change of site 42 

Vote to raise money in union school districts, how rescinded 72 

When vote to levy tax may be reconsidered 41 

School moneys: 

Account thereof to be rendered annually by treasurer in union 

schools 82 

Amount reported by supervisors to be added 15, 16 

Apportioned separate neighborhoods , 115 

Apportioned for Indian schools Ill 

Apportioned to orphan schools 109 

Apportioned for kindergarten pupils 108 

Apportioned to cities and villages to be paid into treasury and 

kept distinct from other funds 82 

Apportioned from library fund, how applied in union schools .... 82 

Apportionment of, by commissioners 15-18 

Apportionment of, by superintendent 12-15 

Can not be paid unqualified teachers 47 

Drawn from treasurer only on resolution of board in union 

schools 82 

Drafts for money to be paid by president and countersigned by 

secretary or clerk in union schools 82 

Drafts to name person payable to and purpose for in union 

gcbOOlB 82 



Index 195 

School moneys- (couclucied); • page 

Erroneous apportionments 14 15 

For forfeiture of, by reason of neglect 90-101 

Gifts may be received for library money 96 

How drawn from treasurer 11 

Indian cbildren to draw 110 

Li£»rary money, how apportioned 95-96 

Library money may be raised by tax 96 

Loss of 99, 100 

May be withheld when library money used for other purposes.. 97 

Paid only on resolution of board 82 

Paid to treasurer in union schools. . . . .' 82 

Paid into the state treasury 11 

Public money on hand first Tuesday of March to be reported by 

supervisor 21 

Public money not to be paid by supervisor after first Tuesday 

in March 21 

Paid into the state treasury 11 

Raised by tax 11 

State school moneys defined 12 

Supplementary apportionment of 15 

Superintendent may withhold from districts for cause 10 

Superintendent may withhold for failure to enforce compulsory 

education law 121 

Transfer from one depository to another 11 

Treasurer and superintendent may borrow ] 1-12 

When paid for unlicensed teachers' wages 14 

When superintendent may claim money erroneously apportioned. . 14 

When deducted from next apportionment 14 

When payable to counties -. 15 

When apportioned to common schools, how applied by union 

schools 82 

Who shall disburse when supervisor refuses 15, 16 

Withheld for failure to comply with physiology law 105-106 

School officers: 

Qualifications of 43, 70 

Superintendent may remove 10 

Term of office of 40, 43 

School registers: 

Affidavits by teachers to correctness of 54 

Superintendent to prepare 10 

Teachers to l^eep record in 54 

School term, length of 13.- 50 

Seal of superintendent 8 

Separate neighborhoods 114-116 



196 Index 

Special acta: page 
Act for the encouragemeBt of common school and public libra- 
ries c 155-156 

Additional compensation to teachers who have taught 25 years . 154-155 

Biennial school census 153 

ciompulsory education of Indian children on Allegany and Cat- 
taraugus reservations 157-160 

Compulsory edvication of Indian children on the Onondaga reser- 
vation .■ .160-163 

Display of United States flag 151 

EJncourage and promote professional training of teachers .... 156-157 

Fire drills 163 

Gospel and school lots 152 

Pictorial instruction in cities and villages 152 

Rebuild Fredonia normal school 163, 167 

Secure equal rights of colored children 160 

Uniform tax in towns of St. Lawrence county 164^165 

Sites. (See schoolhouse sites.) 

Special meetings. (See school rheetings.) 

State certificates: 

Annulled 10, 28 

, Indorsed by superintendent when issued by other states 9 

Law, granting of 9 

List kept by superintendent. 10 

State scholarship in Cornell, university 93, 95 

State treasurer 6 

Condition of free school fund reported to superintendent. 11 

Money deposited with 11 

Temporary loan made in connection with superintendent 12 

Subjects taught under compulsory education law 116 

Subpoenas by commissioners 28 

Suits: 

Against and by district officers 99--100 

District pays expense of 37 

Expense of serving notice for formation of union free schools 

sued for 66 

'Plaintiff not entitled to C(,Bt 99 

Supervisors compel trustees to replace lost code 102 

Supervisors sue for fines and penalties 22 

Supervisors sue for money due from school officers 31 

Summer institutes 91 

Superintendent. (See city and village superintendents.) • 

Superintendent of public instruction: 

Academies and schools to instruct teachers training classes desig- 
nated by • 92 

Affidavits taken by 10 



Index 197 

Superintendent of public Instruction — (continued): page 
Alphabetical list of persons receiving certificates and normal di- 
plomas kept by 10 

Amendment of tax list approved by 63 

Annual report 9 

Annulments noted by 10 

Appeals to 98 

Appeal to concerning physiology law 106 

Arbor day, duties relative to 113 

Assistants under compulsory education law appointed 121 

Biennial school census caused to be taken 153 

Blank forms of affidavit regarding physiology law provided by. . 106 

Board of education to report when required 83 

Board of education supervised by 83 

Certificates, etc., annulled by 10 

Certificates of qualification to teach granted by 9 

Check and receipts countersigned by 11 

Chief clerk and second deputy appointed by 155 

Clerks appointed by 8 

College graduate certificates issued by 9 

Common schools visited by 9 

Contracts with American museum of natural history 139 

Copies of proceedings of dissolved union schools filed with 80 

Cornell scholarship examination, duties relative to 94, 95 

Date of election 8 

Diplomas from other states indorsed by 9 

Dispute in regard to ordinary contingent expense in union schools 

settled by 81 

District libraries, duties relative to 95, 96 

Districts failing to comply with physiology law included in re- 
port ' 106 

Duties concerning deaf, dumb and blind insfitutions Ill, 112 

Education of Indian children provided by 8, 110 

Examiners, etc., for state certificates, appointed by 9 

Ex officio, regent of university 8 

Ex officio, trustee New York state asylum for idiots 8 

Ex officio, trustee Cornell university 8 

Fines and penalties apportioned by 20 

Formation separate neighborhoods, approved by 114 

Free pictorial instruction, etc., in cities and villages provided by. 152 

Gifts for common schools supervised by 19 

Gifts for use in common schools received by 18 

How elected 7 

Indian children permitted to enter public schools 47 

Instructors in vocal music iii teachers institutes provided by.... 107 

Members of board removed by 83 



198 Index 

Superintendent of public instruction — (concluded): rxam 

Meeting for organizing union school in two or more districts 

ordered by 66 

Minutes of meeting organizing union school to be filed with 68 

Normal schools, duties relative to .139-147 

OflSce, where situated 8 

Payment of tuition for Indians in normal schools ordered by. . . . 145 

Payment of commissioner's salary, withheld by 25 

Persons to visit common schools, appointed by 8 

Pictorial instruction furnished by 139 

Program for salute to flag prepared by 151 

Public money apportioned to districts for institute week, whca. . 90 

Public money apportioned to separate neighborhoods by 115 

Public money withheld for failure to comply with compulsory 

education law 121 

Public money apportioned, when 12 

Registers, blanlis, forms and regulations for making reports, etc., 

prepared by 10 

Reports required by 10 

Reports from officers, relative to gospel funds, etc 19 

Salary , 8 

School commissioner removed by 10 

School commissioner instructed relative to reports by trustees in 

districts under contract .> 103 

School laws prepared and distributed by 113 

Share of public money withheld 10 

Special election in districts over 300, called by 40 

Special meeting when annual meeting not held ordered hy 34 

Special meeting for forming union school district authorized by. . 65 

Special meeting in districts of over 300, called, when 76 

Summer institutes appointed by 91 

Supervision of normal schools by 8 

Teachers institutes 88 

Temporary licenses issued by 10 

Term of office 7 

Training classes, duties relative to 92, 93 

Union schools visited by 83 

Vacancy in office, how filled 8 

Withhold public money to enforce decision 10 

Superintendent's reports: » 

Districts failing to comply with physiology law included in 106 

Extra copies to be printed 140, 141 

Statement of gospel fund and money in hands of overseer of 

poor 19 

To legislature * 9 



INDBX 199 

Supervisor: pagh 

Account to be furnished superintendent by town clerk 23 

Act in erecting or altering scliool districts 22 

Acts may be appealed from 98 

Assessments between districts lying in two or more towns 57-58 

Amount of penalty ot bond 17 

Balance reported to school commissioner SI 

Certificate of apportionment received 17 

Charged with duties formerly vested in trustees of gospel and 

school lots 20, 21 

Charged with duties imposed upon commissioners of common 

schools 21 

Commissioner's salary increased by board of 25 

Commissioner's expenses audited by board of 25 

Commissioner's certificates copied and filed with town clerk.... 17 

County treasurer may sue bond 17 

Duties relative to public moneys 21, 22 

Fines and penalties sued for 22 

Furnish bond 17 

Gifts for use in common schools received 18 

Money in hands of overseer of poor reported 19 

Money due from school officers sued for 31 

Money on hand reported to county treasurers 15 

Not eligible to office of trustee 42 

Notice of sale of schoolhouse given by 31 

Pay allowed in alteration proceedings 30 

Penalty for refusal to give bond 18 

Proceeds divided among taxable inhabitants 31 

Receive pay for service 58 

Removal of warrants approved by 63 

Report fines and penalties collected, to commissioner 22 

Sell schoolhouse and apply proceeds when district is dissolved. . 31 

Sit with commissioner and town clerk in alteration proceedings. . 30 

Successor to give bond 18 

Supervisor from adjoining town when unable to agree on equaliza- 
tion, summoned by 58 

Treasurer to demand money of 46 

Trustee to notify treasurer and superintendent when supervisors 

fail to pay money 54 

Trustee sued for penalty for refusing to replace lost edition of 

code 102 

Trusts and gospel and school lots reported to superintendent 19 

Unexpended balances recharged 16 

When to receive public money 17 

Supplementary apportionment of school moneys 15 



200 Indhx 

T 

Tax: 1 PAGK 

Against persons working land on shares 58 

Against persons lidding land under contract 58 

Against non-residents having agents, etc., on land 58 

Against tenant for purchasing site, schoolhouse, etc., to be paid 

by owner 58 

Against banks and banking associations 129 

Against incorporated companies 59 

A.pportionment of valuation of Delaware and Hudson canal 

company 132 

Assessment of and tax list 56 

Assessment of lands in forest preserve 128 

Assessing valuation of railroads, etc 131 

Bank stock 57 

Board of education to levy Ib union schools other than city and 

village 72 

Board may levy tax without vote 81 

Certificate and transmission of returned unpaid taxes to county 

treasurer 59 

Collection of taxes against railroads 131 

Collection in installments for schoolhouse ^ 41 

Costs in defending suits levied in certain cases 100-101 

Establishment and maintenance of industrial training 108 

Exemption of certain persons from taxation for schoolhouse 58-59 

Forest preserve lands assessed for building schoolhouses, when, . 129 

Heading of tax list 56 

How levied in incorporated villages and cities 70 

How raised in union schools other than city and village 71 

How collected against banks and banking associations 130 

How vote shall be taken in common districts 38 

L#and in forest preserve 128 

Land exempt from taxation 128, 133 

Levy on counties to pay loans 12 

Manner of voting tax in union schools other than city and village. 72 

May be raised in installments 70, 72 

Meeting may vote on items separately 81 

Proceedings for collecting unpaid taxes by board of supervisors. 60 

Property of soldiers and sailors exempt from execution 134 

Property purchased with proceeds of pensions subject to taxation 134 

Purchase of free text books in union schools 74 

Purposes for which taxes may be voted. (See district meetings.) 

Return of unpaid taxes by collector 59 

Special notice must be given for meeting voting tax for school- 
houses or sites 70, ' 72 

Support of schools (public money) 11 



IKDBX 201 

Tax — (concluded): page 

Taxes, how apportioned and assessed 5G 

Taxes on land lying in one body, etc 56 

Taxes on non-resident land 57-59 

Taxes on personal property 57 

Tax list, liow corrected 63 

Taxes on land in forest preserve, how paid 129 

Trustee may sue for taxes 63 

Uncollectible taxes, disti'ict to vote to supply deficiency 37 

Uniform in towns of St. Lawrence county 164-165 

Unpaid taxes paid to county treasurer 60 

Warrant for collection of taxes 61 

Warrajit for collection executed in other towns 63 

When warrant shall be delivered to collector 61 

Taxation, exemptions from 132 

Teachers: 

Additional compensation, having taught 25 years 154-155 

All facts required by superintendent recorded 54 

Attendance at institute 89-90 

Attendance of pupils kept in I'egister 54 

Can not be paid unless qualified 47 

Eligible to teach in grammar departments of cities 156-157 

Employment of 49-50 

Examination of in physiology and hygiene 28, 105 

Kindergarten teachers licensed 107 

Make oath to register 54 

Not paid until register verified 54 

Notified by commissioner of time and place of institute 89 

Paid once a month 104 

Qualified teacher defined 47 

Quotas paid for qualified teachers 13 

Record of attendance under compulsory law 118 

Register delivered to clerk of district 47 

Removed for cause 79 

Responsible for record kept 47 

Summer institutes free to 91 

Visit of school commissioner and other visitors recorded 54 

Wages of unqualified teachers not collectible by tax 47 

When unlicensed teacher may be paid 14 

Written contracts given 103-104 

Teachers' certificates. (See normal diplomas, state certificates, annul- 
ment of certificate, college graduate certificate.) 

Age at which certificates may be granted 28, 47 

G-ranted by school commissioner 28 

Granted by commissioners in disfet-icts under special acts 32 

Not granted unless examination passed in physiology and hy- 
giene ••••••-■•.••••••••••• .......>. 2S, 105 



202 Indbjx 

Teachers' certificates — (concluded): ^-*-°^ 

May be annulled by school commissioner 28 

Superintendent may grant and revoke 9 

Superintendent's certificate conclusive evidence of qualification . . 9 

Temporary licenses 1^ 

What constitutes valid certificates 47 

Teachers institute: 

Attendance at, counted part of school term 13 

Deficiency not exceeding three weeks excused 13 

Expense of holding, how paid 90-91 

Instruction in vocal music may be given at 107 

Law concerning 8S-91 

Teachers licenses. (See teachers certificates.) 

Teachers training classes: 

Law concerning 92-93 

Teachers' wages 1* 

Payable monthly 50, 79, 104 

Tax for 37, 73 

Temporary licenses 10 

Term of office: 

Board of education in union schools 67 

Board of education in cities and villages 68 

District treasurer 36, 43 

Officers elected at special election in districts of over 300 40 

Officers elected in common school districts 43 

School commissioner 24 

State superintendent 7 

Term. (See school term.) 

Text-books: 

Adoption of • 101-102 

Board of education to furnish in certain cases 77 

Board of education to prescribe 77 

District to furnish to poor children 36 

Local school authorities to provide facilities (including text-books) 

for carrying out provisions of physiology law 104 

Requirements regarding text-books to comply with physiology 

law .■ 105 

Town auditing board: 

Supervisors accounts laid before 22 

Town board: 

Attendance officers appointed by 118-119 

Town clerk: 

Description and number of districts filed with 29 

Fee for filing collector's bond 61 

General duties of 22-23 



Index 203 

Town clerk — (concluded): page 

Loss of moneys made good by 99 

Minutes of meeting organizing union school to be filed with 68 

Order of commissioner deposited with 32 

Pay allowed for sitting in alteration proceedings 30 

Records of dissolved districts to be deposited with 32 

Receive and file tax list and warrant 64 

Sit with supervisor and commissioner in alteration proceedings. . 30 

Trustee to file collector's bond with . ^ 61 

Training schools I59 

Treasurer. (See district, county and city treasurer.) 

l^ruants : 

Arrest of, under compulsory education law 119 

Truant schools, how established and maintained 119-120 

Trusts. (See gifts.) 

Trustees. (See also board of education.) 

Account of all money received, etc., kept by 54 

Act as inspector in districts of over 300 39 

Acts may be appealed from 98 

Afladavit relative to physiology law made by 105 

Annual report to district meeting made by 54 

Annual report made to commissioner 55 

Appoint competent physician to vaccinate children 127 

Attendance of children reported by 55 

Balance of teachers' wages collected by tax 51-52 

Balance of money to successor 54 

Ballot box in common school districts provided by 35 

Board to meet upon notice 48 

Bodies corporate 48 

Bond filed with district clerk 46 

Blank book for accounts and records provided by 53 

Branch schools established by 53 

Building fires and janitor work provided for 53 

Can not hire for more than one year in advance 50 

Can not hire for less than ten weeks 50 

Children residing in district June 30 reported by 55 

Collector's bond required and approved by 61 

Collector's bond filed with town clerk 61 

Collector credited with taxes returned unpaid 59 

Conclusion of two valid 48 

Consent to alteration of school districts 30 

Consent to dissolution of district adjoining union school 30 

Continue in office to settle unfinished business 32 

Contract for building schoolhouse if no tax is voted 27 

Course of study prescribed by 50 



204 Indbx 

Trustees — (continued) : page 

Custody of selioolhouses, etc., held by 49 

" Custody of code of public instruction held by 102 

Deed for sale of former site executed by 42 

Dictionary, maps, globes, etc., purchased by 53 

District may authorize trustee to insure property 37 

Divided into three classes 67 

Duties relative to institutes 89-90 

Election of, in common school districts 35 

Existing trustee's office vacated 67 

Former trustees sued for moneys 55 

Fuel, etc., provided by , 53 

Furniture, etc., kept In repair 49 

Gifts for use in common schools received by 8 

How elected in common school districts 35 

Itemized heading prefixed to tax list 56 

Lands, schoolhouse, etc., purchased by ^ 49 

Levy tax for building schoolhouse, etc 27 

Levy tax for teachers' vpages vpithout vote in common school 

districts 37 

Levy tax to pay judgment for teachers' wages without vote.... 37 

Levy tax for costs when directed by county judge 101 

List of movable property belonging to the district made by 54 

Make out and annex warrant to tax list 49 

Make repairs and abate nuisances 53 

Manner of levying tax list by. (See taxes.) 

Manner of election of in cities and villages 68 

Meeting called by any member. 48 

Minutes of board evidence of notice 48 

Must make good loss of money 99 

Must not be interested in contracts 137 

Must be voter and able to read and write 43 

Not eligible to office of clerk, collector, treasurer or librarian .... 42 

Notice of special annual and adjourned meetings given by. 49 

Notice in other than village districts, how given 65 

Notice of meeting for organizing union school in two or more 

districts 66 

Number of days school is kept reported by 55 

Number of children vaccinated and unvaccinated reported by. ... 55 

Number to be elected at subsequent meetings 67 

Number of, in union school districts 67 

Order to pay teacher cannot be drawn unless register is verified- 54 

Order cannot be given unless money on hand .51, 52 

Orders signed by majority of trustees 5] 

Orders on supervisors, collector, etc., for money issued by 51 



Inddx 205 

Trustees — (continued): page 

Pay all money to treasurer .....-» 46 

Penalty for paying- unqualified teacher 47 

Penalty on collector's bonds recovered by 65 

Place for holding annual meeting designated by 34 

Powers to be exercised by board 48 

Powers of trustees to collect tax (general) 53 

Property held as corporation 48 

Provide school with U. S. flag 151 

Provide fire drills 163 

Public money divided by 51 

Qualified teachers employed by 49 

Receipts and payments reported by 55 

Register for teachers' record provided by 54 

Relative hired only upon two-thirds vote 50 

Remaining trustees act in case of vacancy 48 

Remaining trustee calls meeting to fill vacancy 48 

Reports transmitted to clerk of board of supervisors regarding 

bonded indebtedness » 41 

Report delivered to town clerk 55 

Report required from treasurer 46 

Require supervisor and town clerk to assist in hearing 30 

Responsible for teachers' wages if illegally employed 50 

Rules for government of schools established by 50 

School commissioner or supervisor not eligible to office .42, 67 

Schoolhouse and furniture kept in good repair 52 

School law to be deposited with 113 

■ School property Insured by 49 

Security for sale of tax taken by 42 

Sole trustee has all powers of board 48 

Special meeting to consider building schoolhouse called by 27 

Special meeting called when annual meeting not held 34 

Special meetings called by 33, 49 

Special meeting for organizing union school called by 65 

Special meeting called to vote tax to stay judgment for teachers' 

wages 38 

Special election In districts of over 300 called by 40 

Sue for recovery of taxes 63 

Sue for money unpaid upon security 42 

Tax for schoolhouse not levied unless approved by commissioner. 40 

Tax for teachers' wages collected by 51 

Tax for teacher's wages when district fails to vote sufficient 

amount levied by 51 

Tax for more than four months in advance cannot be raised by. 51 

Tax list issued by 56 

Tax list and warrant- delivered to town clerk 64 



206 Index 

Trustees — (concluded) : PAor 

Teacher not hired unless certificate covers term Cjf appointment. . 50 

Teacher cannot be dismissed, except for cause 50 

Teachers paid monthly by 50, 104 

Teachers wages paid by 51 

Teacher given order on collector and treasurer by 52 

Term of office 43 

Term of employment of teachers determined by 50 

Term of office in union school districts 67 

Term of office in cities and villages 67 

Treasurer and superintendent notified when supervisor, etc., 

fails to pay money 54 

Treasurer to pay money upon order of 46 

Treasurer's bond required and approved by 46 

Trustees require bond of collector for disbursing public money. . 62 
Trustees of union school vacate office by accepting office of com- 
missioner or supervisor 67 

Trustees constitute board of education in union schools 67 

Unpaid taxes certified to county treasurer by 59 

Use of school building granted to commissioner by 29 

Vacancy in office how filled 44 

Water-closets provided by 52 

When trustees may require collector to disburse public money. .61-62 
Written contract with teacher made by 50, 103-104 

Tuition : 

Free to resident pupils 47 

Non-resident . pupils 47, 78 

Non-resident taxpayers, tax to be deducted 47, 78 

Normal schools 147 



Union school districts: ' 

Academic department established in 78, 83 

Academy in district adopted by 83 

Academy leased and academic department maintained 83 

Acts of meeting of may be appealed from 98 

Annual meeting of board of education in 73 

Another meeting cannot be called within one year after negative 

action 68 

Board of education reports estimate of expenses for coming year. 81 

Board not prevented from amending statement 81 

Board may levy tax if district fails to vote 81 

Board of education to appoint visitation committee 81 

Board may hold executive sessions 81 

Board to apply money apportioned to common schools, how 82 



Index 207 

Union school districts — (continued): ^^^^ 

Board to use money apportioned from literature fund of academ- 

ical departments "^ 

Board of education to make annual report. 83 

Board of education to make special report required by. superin- 



tendent 



83 



Board of education presents to school commissioner certified copy 

of proceedings of meeting of dissolved district 85 

Call for special meeting ^^ 

Certain districts and counties exempt from provisions relative to 

manner of election '^^ 

Copy of request, notice, etc., for organizing filed with town clerk, 

commissioner and superintendent 07-68 

Date of annual meeting "^3 

Designation of district by school commissioner. 67 

Expense of notice 66 

Existing trustees office vacated 67 

How organized 65 

Meeting for dissolving district, how called 84 

Meeting of two or more districts, how called 66 

Meeting to organize may elect trustees 67 

Meeting to vote on expenditures 81 

Meeting of board to be public 81 

Meeting to dissolve district not called of tener than triennially ... 85 

Meeting ordered by superintendent 65 

IMeeting to dissolve district called 84 

Members of board removed by superintendent for cause 83 

Method of procedure to dissolve district 84 

Not corresponding to cities and villages, may be altered by com- 
missioner 84 

Notice, how given in villages 65 

Notice, how given in other districts 65 

Notice of meeting 65 

Number of persons required to sign petition for call of meeting 

organizing union school 65-66 

Number of votes necessary to organize meeting for forming union 

school 67 

Number of trustees elected 67 

Number of members of board increased 84 

Power to borrow money 71, 72 

Power to issue bonds 71, 73 

Power to raise tax for teachers' wages 73 

Power to vote free text-books 74 

Proceedings not illegal for want of notice 66 

Provisions of title 8 apply to all union school districts, except 

cities 86 



208 Index 

Union school districts — (concluded): page 

Qualification of voters given in notice 65 

Regular meeting of board of education in 81 

Resolution to form adopted 67 

Special meeting, manner of calling 73 

Subject to visitation of superintendent. 83 

Superintendent decides what are ox'dinary contingent expenses. .. 81 

Tax in incorporated cities and villages, how levied 70 

Tax, manner of raising 71 

Tax, manner of collecting 72 

Tax for establishing industrial training department voted by .... lOS 

Term of office of trustees 67 

Trustees divided into classes 67 

Trustees constitute board of education 67 

Two-thirds vote necessary to dissolve 85 

Vote to raise money, how rescinded 71, 72 

Vote required on each item separately 81 

When motion to organize defeated, no other proceedings to be 

taiien except to reconsider or adjourn 68 

When established shall not be dissolved under one year 68 

When recognized as school district 73 

United States deposit fund: 

Apportionment from 12, 13 

Comptroller may withhold payment to counties 11 

V 

Vacancy in office of superintendent, how filled 8 

Board of education of union schools, how filled - 79 

Cornell scholarships, how filled 94 

Office of school commissioner, how filled 25 

Office of trustee, how filled 44 

Office of clerlv, collector or treasurer, how filled 44, 69 

Superintendent orders special election to fill vacancy in board of 

education 79 

Vacancy filled in no other way when superintendent orders special 

election 79 

Vaccination: 

Children to be vaccinated before admitted to school 127 

Trustee reports number of children vaccinated 55 

Village. (See incorporated village.) 

Vocal music: 

Free instruction given in 107 

Voters: 

Declaration of, when challenged 35, 39, 75 

Penalty for illegal voting 35, 39, 75 



Index 209 

Voters — (concluded): page 

Permitted to vote after making declaration 35, 39, 75 

Qualifications of 34, 69 

Women may vote 35, 70 

W 

Wages. (See teachers wages.) 

Warrants : 

Collection of taxes 61 

Executed in another town, etc 63 

Money paid on warrant of superintendent 11 



Renewal of 



63 



To collector by trustee 49 

Water closets 52 79 

Women: 

Permitted to vote at school meeting 37, 69 70 

111 



LBJa'IO 



